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Step-parenting

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Child contact with brother and stepdad after death

6 replies

Meheh888 · 18/11/2020 22:12

Hello,

This is a morbid topic but after a friend going through a similar thing, I feel that I need to get some opinions. Google hasn't been much help and I can't afford to get an appointment with a solicitor at the moment.

I am married and have a 4 year old son with my husband. I also have a 10 year old daughter with my ex (we were never married if that makes any difference). I was wondering what happens if I died while my children were still young. I know my husband doesn't have PR for my daughter and ex would never agree for him to. So ex would obviously get full custody of our daughter. But what about maintaining contact with her brother and stepdad? They are very close and he's been in her life since she was 4. I know daughter would like contact but ex isn't the easiest and I'm sure he wouldn't facilitate contact on a regular basis.
Is court the only option in the event that I die? Would a judge give a child contact order to my husband so my daughter can still see her brother and stepdad and my side of the family? Has anyone experienced anything similar to this?
At the moment I've just told my husband that he would have to go to court to get a contact arrangement, but I have no idea how much he would be given. Ex has every other weekend and a night in the week so my husband does see more of my daughter, again I'm not sure if that makes a difference.

Sorry for all the questions, but any options or experiences would be really appreciated! Thank you x

OP posts:
AnneLovesGilbert · 19/11/2020 18:11

I don’t have a clue tbh but it’s an interesting one so bumping for you. You could try posting on the legal board on here?

I hope you live a very long healthy life and your children are well into adulthood before you’re not around but you’re right to think about these things.

Sparticuscaticus · 19/11/2020 18:16

So the answer is yes

If you died and your DD had been brought up with her step siblings them your DH would need to make child contact order

You also can put in your will that you'd like your DF to continue moving with your DH and if not, you'd like them to have regular contact including with their siblings

You don't need a solicitor to tell you this, just write a motorised letter

Your DH will need to apply to court at the time and gain contact and he will be looked upon favourably as it is the status quo. Your dc with ex will go to them but your DH (their step dad) and their siblings and what is in DV concerned'S beat interests in terms of maintaining contact and any thing you wrote before will be considered as evidence

Sparticuscaticus · 19/11/2020 18:17

Sorry DS, not DD

Sparticuscaticus · 19/11/2020 18:19

Argh I had typing fail

"You also can put in your will that you'd like your Ds to continue living with your DH and if not, you'd like them to have regular contact including with their (half) siblings"

The court won't override PR for your ex but it'll all be evidence for continued contact
And your DH can make a very good case for child contact order or plainly a shared contact order all in the best welfare interests of DS

Sparticuscaticus · 19/11/2020 18:20

You don't need to pay solicitors for this other maybe ask for a bit of help which forms and applications to do. Your DH can do all of this himself x

Meheh888 · 20/11/2020 22:13

Thanks for all your advice x

OP posts:
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