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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1762
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Here's the issueMy sister died last year and her 13 year old

Customer Question

Here's the issueMy sister died last year and her 13 year old daughter Phoebe now lives with me, my wife and our 3 children. Just before my sisters death her older sisters were named in the wil as Phoebes guardians. Very close to the end we all agreed that Myself and my wife would take that responsibility but also agreed to deal with it all later, after my sister had passed away. This all happened but we have not yet transferred guardianship from the older siblings to us we now need to get a passport for Phoebe as me my wife 3 children and Phoebe are going to Spain on the 29th March. We tried doing this at the post office but they say that we need to deal directly with the passport office. We have since looked online and feel very confused. I guess the question is given that Phiebe lives with us but the older sisters were named in the will as guardians how do we get a passport for Phoebe given that we have only 3 weeks to sort this outFinal point - no father named on Phoebes birth certificate
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.
Hi, thanks for your question. As guardianship has not been transferred bto you, legally her older sisters are her legal guardians and they should make an application for a passport for her. You can read the guidance here -https://www.gov.uk/government/publications/applying-for-a-passport and most specifically page 9. They will need to provide all relevant documents to prove guardianship. Please provide a positive rating if you found this helpful. I will not be credited with answering your question without a positive rating. Thank you
Customer: replied 9 months ago.
I have looked st page 9 and cannot see the guidance you refer to
Expert:  Harris replied 9 months ago.
"If an adult is acting as a parent in a situation other than one described in this section, please explain the circumstances in an accompanying letter to your application. We will also need –documentary proof of your responsibility for the child." As her aunts have legal guardianship through her mother's will, it is easier for them to apply for the passport.
Expert:  Harris replied 9 months ago.
They will need to provide the will, death certificate and accompanying letter
Expert:  Harris replied 9 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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