Many people have a Will to ensure what happens to their assets after their life, assets being houses, cars, savings and even pets.
But how many people do you know have ensured their most important and precious assets are protected – their children.
Did you know that should a child’s mother pass away whilst the child is still young (under the age of 18!) their biological father will not automatically be granted residence and parental responsibility if they do not already have parental responsibility?
The biological father may have to undertake a lengthy and costly court application for their child and may have to prove to various agencies such as CAFCASS that they are capable of having their child.
It is therefore worth checking the legal status of your child’s father. Parental responsibility is granted automatically to the father if both parents are married when the child is born, or subsequently marry, or if the father is named on the birth certificate. Parental responsibility can also be granted by a court.
If the father does not already hold parental responsibility and you both agree he should, a parental responsibility agreement can be entered into.
It is not easy to remove parental responsibility because whilst an application can be made to the Court for parental responsibility to be removed, the Courts can be very reluctant to do so and may only grant such an order in extreme circumstances.
Many mothers are unaware that if their childs father has parental responsibility, even if he is not in your child’s life, he will automatically be first in line to care for his child should you pass on before your child is 18.
This can be very worrying for some mothers.
Your Will, or a statement to be attached to any will can outline your reasons why the biological father should not have residence or contact of their child and set out what your wishes are. This can then be taken into account by the Courts when arrangements are being finalised.
A guardian, or multiple guardians, should be appointed within your Will who can then apply to court for different arrangements to be made for your child, using your letter as evidence for the Court.
Who will care for your child is not straight forwards and in most instances the above issues will not have been considered at all. It is imperative to explore every possibility and ensure you have the correct advice for your situation, both in respect of your family situation and also in ensuring any Will deals with these issues.