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Appointing guardian

5 replies

Anonymous123450 · 14/11/2025 19:24

[Wales] Appointing a guardian.

I have 2 children (I do have parental responsibility over them).
Their father is currently serving a few years in prison for sexual offences against children (not our children). He still has PR over the children.
However I am looking to do a will in case the worst happens, and want to appoint a legal guardian. Can I appoint my partner, their stepdad, to be their guardian if I die? How easy is this? Does my will override everything else? We are not married, but we could be if it makes the process smoother.
Obviously their biological father will never be allowed to look after his children, rightly so. So how much clout does he have?
Social services have ruled he isn't allowed any contact with his children.
Also there are other people in the family I would also not want looking after my children (eg, my brother and his wife, amongst other people). Basically I want my current partner to be first in line to look after the children, to which he agrees. Can I just do a will saying what I want, and its done?
Thank you in advance.

OP posts:
MolkosTeenageAngst · 14/11/2025 19:32

My understanding is that you can appoint somebody as guardian but it doesn’t mean that is 100% who the children would go to, social services could be involved and if another family member on either side also wanted to have the children they could put the children with the person they feel it is in their best interests to live with. You can also appoint multiple guardians and they may make the decision regarding who the children live with together, so for example even if you feel your parents are too old to have the children you can appoint them as guardians alongside your partner knowing they will make decisions in their best interests. Your situation sounds complex so it does seem sensible to contact somebody who specialises in this to help you add the guardian clause to your will.

Anonymous123450 · 14/11/2025 22:44

Thank you so much 🙏

OP posts:
prh47bridge · 15/11/2025 00:47

You can appoint anyone you want as a guardian. However, if you want the appointment to take effect on your death, you will need to get a Child Arrangements Order naming you as someone with whom your child is to live. If you don't do that, the appointment will only take effect when both you and the father are dead.

If there is any dispute as to who your children should live with, the courts will decide what is in their best interests.

prh47bridge · 15/11/2025 08:03

JohnofWessex · 15/11/2025 07:30

What about applying for parental responsibility for your partner now?

Then he would have all the responsibilities of a parent now

https://www.cafcass.gov.uk/parent-carer-or-family-member/applying-order-gives-you-parental-responsibility

OP's partner cannot get PR unless he and OP marry. Even then, he would need either the father's consent or a court order to get PR.

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