Residence and Contact

Residence and Contact (Cont...)

Guardianship

A mother can appoint the father as a guardian in her Will. On death, the father would then acquire parental responsibility because he was guardian even if he had never obtained parental responsibility during the mother's lifetime. If the mother had not appointed a guardian on her death, the court has the power to appoint a guardian and it could decide to appoint the father or somebody else.

If the mother (who has sole parental responsibility) has appointed somebody else other than the child's father as guardian, this appointment will take effect on her death and give the guardians(s) sole parental responsibility, which the father could then only challenge by applying for a Residence Order and/or Parental Responsibility (CA 1989).

If the father has acquired parental responsibility during the mother's lifetime i.e. Parental Responsibility Order / Agreement, any appointment by the mother or guardian will be postponed whilst the father is still alive and has parental responsibility. The only way a mother in this situation can ensure that the appointment of guardian had immediate effect would be for her to seek a Residence Order in her own favour. In this case, on her death, the guardian and father would share parental responsibility.

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