Appointing Guardians for Children

One of the most important things you must consider when becoming a parent is who might take care of your child or children, in the event of you or another parent being unable to. Whether a surviving parent is automatically responsible for a child on the death of the other parent depends on whether or not that surviving parent has parental responsibility under the Children Act 1989. As a basic rule a mother automatically has parental responsibility. If parents are married to each other both will have parental responsibility and this will continue even if those parents divorce. An unmarried father doesn’t automatically have parental responsibility but since 1 December 2003 providing a father’s name is on the child’s Birth Certificate and he is present when the Birth is registered, he will have parental responsibility. If nobody is left with parental responsibility, the question arises as to who will look after any minor children? It is possible to appoint Guardians under a Will whilst children are under the age of 18. If a person is to be appointed as Guardian it would be necessary to approach them first as clearly it is a very important role. A child’s Guardian has parental responsibility for the child throughout the duration of the appointment, that is in most cases until the child reaches 18. Again, this will only take effect if there is no one else surviving with parental responsibility.

When making a Will it is also important to consider how your children will be provided for as any capital cannot go to the children until they are 18. There would necessarily have to be a Trust with Trustees appointed. A Guardian can be a Trustee but careful consideration must be given to this. There is clearly a need for specialist advice in relation to who has parental responsibility and the careful drafting of a Will.

At Bell & Buxton we can assist with both of these matters. If you have questions regarding parental responsibility or indeed making a Will you can either contact us on 0114 249 5969 or attend one of our fortnightly free legal advice clinics at Beighton where we will be happy to discuss such issues with you.

THE CHILDS RIGHTS? Karl Beckett of Sheffield Solicitors Bell & Buxton asks the question

Separating couples, whether married or unmarried, more often than not have a tough time sorting out difficult emotional issues and also the “business” side of a relationship such as dealing with a jointly owned home. Even more complex is a situation where children are involved.

As adults it is (or should be) relatively more straightforward to rationalise the reasons for a relationship breakdown. It is not so easy for children of course who are, by definition, ill equipped to deal with complex emotional issues involved when a family unit is disrupted. In such a situation, decisions must be taken regarding where a child will live and contact arrangements for the other parent.

As family lawyers, experience dictates this is not by any means straight forward, and we are often approached about issues regarding where children should live and contact. In each case we advise the starting point as a basic right to children to see and know both parents. Where these arrangements cannot be agreed, there are several options that we explore to try and reach a peaceful resolution. At Bell & Buxton we have many years experience of dealing with such issues, and would be happy to discuss these or any related matters on an initial free half hour basis, or at our twice weekly free legal clinic in the Beighton area.

For further information please contact Karl Beckett on 0114 220 2181 or email: karlb@bellbuxton.co.uk or visit our website www.bellbuxton.co.uk