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Guardianship

4 replies

SparklingJoyous · 07/01/2025 07:48

Hello, I am in the process of writing a will and just have a question regarding appointment of a guardian to care for my daughter in the event of both parents passing away.
My partner and I have chosen for my daughter to live with my dad and his partner (they have been together 5 years, own a house together, I'm sure they are probably considering marriage at some point in the near future)
My question would be - do I appoint my dad as sole guardian until they marry or should I put both my dad and his partner? She's lovely - and I would have no issue with her being guardian. My concern would be if they were to end their relationship?
DD's other grandparents live 2 hours away, how do I write in there for DD to be given opportunity to visit other members of the family etc? (They don't drive which would make it more difficult!)
Thanks for advice

OP posts:
InkHeart2024 · 07/01/2025 07:50

I would just put your dad, who he lives with is his choice and a will can't confer PR so you don't need to mention his partner. You also can't stipulate in a will any contact arrangements, you need to discuss that with your dad and make sure he knows your wishes. You can mention your wishes in your will if you want but it's not binding.

prh47bridge · 07/01/2025 10:56

InkHeart2024 · 07/01/2025 07:50

I would just put your dad, who he lives with is his choice and a will can't confer PR so you don't need to mention his partner. You also can't stipulate in a will any contact arrangements, you need to discuss that with your dad and make sure he knows your wishes. You can mention your wishes in your will if you want but it's not binding.

Correction - a will can confer PR. If you appoint a guardian in your will, they will get PR when the appointment takes effect. If you have a CAO naming you as someone with whom the child is to live, the appointment takes effect when you die. If you do not have such an order, the appointment takes effect when the child no longer has any living parents with PR.

However, I agree with @InkHeart2024 that you should just name your father. Naming his partner could cause problems if their relationship ends.

CandidHedgehog · 08/01/2025 11:57

If you wouldn’t want the partner to continue to have guardianship if they split, you shouldn’t include her. If you would, you should.

There is no ‘right’ decision here - it depends on your relationship with both of them.

SparklingJoyous · 08/01/2025 19:34

Thankyou everyone

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