Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Guardianship for dual nationality children

3 replies

Brangelina · 18/01/2008 13:08

A long shot but hoping someone might know.

I'm trying to get around to doing a will and one of the issues on there is what will happen to DD if something should happen to both me and DP.

Background is I'm British and DP is Italian and we're resident in Italy. DD is dual nationality (or will be as soon as I sort her passport out). My problem is that should we not be around I don't want DD going to DP's family as a) they never bother with her and as a result DD doesn't know them and b)they all have dodgy parenting styles to say the least. I would much rather that she went to my family in the UK who see her a lot and who she adores. DP agrees with me as he admits his mum is loopy and his sister unreliable and can't cope with her own child who is often left with her mother. Also sister has a violent partner who she frequently goes back to.

How do we enforce this? Is there some kind of European ruling that covers dual nationality children or is it entirely subject to local law? I've tried asking locally and everyone seems to think that she'd have to stay in Italy. Is there any way of overruling this?

OP posts:
Karen999 · 18/01/2008 13:45

ooh tricky one! I would imagine that if you make a will and state that you want 'xyz' to look afgter the children then there should be no problem. Making a will in this situation is something you should really get legal advice about as it will also depend on things such as property - do you have property/moveables in both countries?

I would think that it would be prudent to make the will in the UK (if thats possible)as it may have more effect wrt the children.

I would advise you to contact a lawyer in the UK and explain your situation. They should be able to advise you. Sorry not to be of more help.

janinlondon · 18/01/2008 14:04

I think you need legal advice here. Someone in my family made a special notorized statement to be held with her will regarding people she didn't want to get custody of her child, and the reasons. Sounds like you might need something similar? I know it went into great detail about drug use and parenting skills...

TheBlonde · 18/01/2008 14:33

If you are resident in Italy then I would expect you to need to do it according to whatever Italian laws apply

In the UK guardianship papers can be overruled by the court so they are only an expression of your wishes

New posts on this thread. Refresh page