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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35059
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My sister died of cancer late July. She had three

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My sister died of cancer late July. She had three daughters (Alice 24, Sophie 19 & Phoebe 13)
The will states that Sophie will be Phoebes legal guardian in the event of my sister death. However the will was drawn up before myself and my wife agreed with my sister, Alice & Sophie that we would take on this duty.
At the time my sister was advised by her solicitor that there was no need to change the provisions for guardianship contained in the Will and that we could sort things out a later stage (effectively after my sisters death). This suited us all as we wanted to focus on just making the best of the time left.
As planned Phoebe now lives with us and our other children. She has started school and things are going well considering the circumstances. Alice and Sophie remain convinced that us taking over guardianship is the right thing to do and as the Phoebes father is unknown there are no other candidates.
My question is - what do we need to do in order to become Phoebes legal guardian assuming that we need to do anything other than assume the role?
HiThank you for your question.In fact there is nothing further you need to do on a purely practical basis since no one is challenging your care of the Child.However technically at present it is Sophie who has Parental Responsibility for Phoebe under the Appointment as Guardian in the Will.If you wish to acquire Parental Responsibility then you need to apply to the Court for a Child arrangement Order stating that she lives with you,This can be done by Consent if you feel this needs to be donePlease ask if you need further detailsClare
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Customer: replied 2 years ago.

Hi Claire

Thank you for the quick response. You have already put my mind at rest to a large extent.

Is it fairly straight forward to get a Child arrangement Order in place on the basis that we would do this by consent or would we need further legal advice to sort this out?



Since there is no named father and all is agreed it will not be complex - but the Court fee is £215
Customer: replied 2 years ago.

Many thanks