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Guardianship of child in the event of my death

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I started looking at this issue elsewhere as the law as drafted gives the parents the right to name future guardians.

    Everyone responds with the courts decide.

    In the UK the courts only decide what's put in front of them.

    Someone has to take a case to the court to change the named guardian it is not an automatic process.
  • G6JNS
    G6JNS Posts: 563 Forumite
    I started looking at this issue elsewhere as the law as drafted gives the parents the right to name future guardians.

    Everyone responds with the courts decide.

    In the UK the courts only decide what's put in front of them.

    Someone has to take a case to the court to change the named guardian it is not an automatic process.
    Even if a guardian has been nominated this would need to be ratified by the Court. Particularly in the case of young children the Social Services would probably become involved and they would refer it to the Court. Ultimately the Court will try and ensure that the child's needs are paramount. and make an order accordingly.
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