At what age are Essex children legally able to decide who they would like to live with following the
death of a parent?
According to the charity Winston’s Wish, over 24,000 children are bereaved of a parent in the UK
every year. Under current UK law, if your child is aged 16 or over then they are legally able to decide
who they would like to live with. However, should the worst happen to you, making such an
important decision whilst grieving your death may well cause additional stress and upset to your
children.
Whilst contemplating your own death can be an upsetting subject, particularly if you would leave
behind young children, it is important to address the fact that death can happen at any time and
therefore it is vital that you legally protect your children by appointing a guardian to care for them
should you die. If you die without legally appointing a guardian for your children, then sadly your
children may well be placed in the care of the State until such time as a suitable guardian can be
appointed. If the Court is tasked with appointing a suitable guardian for your child, they may
consider the wishes of your child. Under UK parliamentary guidelines, the Family Court will consider
the wishes of a child over the age of 10 when considering family arrangements including residence,
however, how much bearing is placed upon the wishes of the child will vary from case to case. When
considering whether the child’s wishes should be taken into account or not, the Court has to decide
whether the child is mentally competent to understand the situation and the implications of their
decision. Therefore, even if your child has strong views as to whom they would like to live with
should you die, there is no guarantee that their wishes will be considered by the Court. The only way
to ensure that your child will be placed with a guardian of your (or their) choice, is to legally record
your choice of guardian in a valid Will. If no guardian is appointed and no viable guardian is available
then regardless of the wishes of you or your child, the Court would be required to arrange formal
State care, for example through foster care or adoption.
Therefore if you would like to ensure that, in the event of your death, your children are cared for by
a guardian chosen by you, contact Andrew Douglas Wills and Legal Services today. Whether in Essex
or the surrounding areas, Andrew Douglas Wills and Legal Services offer a free initial consultation in
which we can discuss your wishes for your children’s care should the worst happen to you. Call today
to find out how Andrew Douglas Wills and Legal Services can help you to protect your child’s future
care.
Posted and maintained by Gareth Davies | B2B Webmasters
Written by Laura Richardson.
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