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Clare, Solicitor
Category: Law
Satisfied Customers: 33898
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is dying. She has a son aged 3. Her former

Customer Question

My daughter is dying. She has a son aged 3. Her former partner (not on the birth certificate) does look after the son some weekends, but is not very responsible and is not a "Responsible Parent".
My daughter wishes our son to look after the boy - and our son has two daughters 8 and 11. He lives in new zealand. Our daughter has dual citizenship UK and NZ, as do I.
What problems do we face and how do we get our daughters wishes obayed after her death - from cancer. She has been given a probable life span of 2 months.
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question and sorry to hear about your daughter's situation. Just a bit more information required:

-Were the parents married?

-What have the arrangements been for the father to see the child?

-What relationship has your son had with the child to date?

Customer: replied 9 months ago.
The parents were never married.
None - but he has been financially irresponsible. My daughter is still being chased by debt collectors for monies the father said had been paid 3 years ago.
The father is being instructed by his 6 year old (from a previous relationship) on his driving under the influence, securing both children in seat belts etc.
The boy has only seen his uncle recently on a three week visit last month, but enjoyed time playing with his daughters.
I am the grandfather and the only living relatives of my daughter are myself and my son who is married and lives with his wife and two children in New Zealand.
Expert:  Harris replied 9 months ago.

Thank you for confirming. The father does not have parental responsibility but as he is the biological father it would be usual for the child to be placed with him upon her death.

However, given that there are concerns about the level of care he will provide to the child it will be for your son to make an application to court, initially for leave to apply as he does not have parental responsibility and if leave is granted to pursue a child arrangement order for residence to the child's local family o court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Clare replied 9 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years

I am so sorry for your tragic positions

However I need to be honest with you about the position.

However inadequate a person he might be the court is going to be very reluctant to cut the ties between the father and the child.

In addition the fact that he barely knows your son and his wife will be another major problem.

However the one thing your daughter MUST do is write a Will appointing her brother and his wife as Testamentary Guardians of the child

This will give them a form of Parental Responsibility on her death which will strengthen their position as at that point they will be the ONLY people with Parental Responsibility.

Please ask if you need further details

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