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Guardianship Agreement

(7 Posts)
Deisha Thu 04-Jun-20 22:43:40

Our son has died unexpectedly, no will in place but our grandchildren aged 9 and 14 have always lived with us. Marriage broke down and daughter-in - law moved out year ago. Lives and works local but has no interest in providing physical, emotional, educational or financial care for children. Ad-hoc and erratic contact not nurturing but bullying and threatening.
We have been defacto guardians. We wish to formalise our position so we can deal directly with agencies to provide full care and make decisions about children's day to day and long-term care for the children.
Is it possible to get a guardianship agreement drawn up with us as resident parents and mother with contact rights without needing to get a court order.
Also if we have to go to court for residency order, do we still have to first attempt mediation.
Thank you.

OceanMama Thu 04-Jun-20 23:47:44

I'm sorry for the loss of your son. I lost a daughter a few years ago and know how painful this sort of thing is. Our daughter died without a will (but not children) and it took the best part of a year to sort it all out.

I suggest you talk to a lawyer as soon as you can. They will be able to advise you on order of inheritance requirements (if not the partner, the children are usually next in line, unless that differs in your location). They will also be able to give you good advise about guardianship and how the law affects that. I wouldn't risk taking advice from internet strangers who are unlikely qualified to give it but can just share their own experiences.

Babyshark Thu 04-Jun-20 23:49:06

You need to acquire PR for the children and that has to be via a court order. You need legal advice regarding the specific order but from the information you provided about mum, I would seek information regarding an SGO. This order has the benefit of entitlement to the same funds in case the children require an specific therapeutic support. It also gives you overriding day on day to day decisions regarding the children (over mum).

Feel free to private message me - I’m a social worker not a solicitor so but experienced in these orders. Most solicitors will offer a free 30 minute consultation. If it turns out that a child arrangement order is more appropriate it maybe that you can make your own application to the courts without paying for a solicitor.

Babyshark Thu 04-Jun-20 23:52:51

Like I said I’m not a solicitor and my advice is only based on the information in your post which I’m sure is the tip of the iceberg. Good luck.

Also *SGO entitled to the same LA support and funds as children who are adopted.

(Sorry trying to type with a wriggly toddler next to me!)

MissAdventure Thu 04-Jun-20 23:55:37

I'm no expert, but I'm sure you will need an attempt at mediation first.
My daughter died, and there were conditions to fulfill before I was able to go to court and get whatever it is I've got.

How awful, I can't remember what it's called!!

My point (there is one, honestly!) is that your grandchildren have a living parent, so that will be taken into account.

MissAdventure Thu 04-Jun-20 23:58:38

That's it.
I have a child arrangement order.

Thanks babyshark.

MissAdventure Fri 05-Jun-20 00:12:48

This site is legitimate, and has a helpline you can phone for advice.

www.grandparentsplus.org.uk/for-kinship-carers/advice-and-support/contact-our-advice-service/