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Mother to write kids out of seeing me in will

  • redrockade
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24 May 12 #332704 by redrockade
Topic started by redrockade
Hi all,

I have been informed by my ex that she has a will stating that if she dies that the children will live with thier step father and that he will have her share of the PR. At present we both have PR and she has custody. Can she legally say in a will that when she dies i will not have my kids? they are 6,8 and 10. This just seems yet another way of trying to get me to fight with her. Any ideas please

  • Enuff Already
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24 May 12 #332709 by Enuff Already
Reply from Enuff Already
If you have access and Pr I think a judge would prefer the kids to be with a natural parent. If you have limited contact a timeframe might have to be put in place for the kids to adapt. If their old enough they choose. Lets hope nothing happens eh! :silly:

  • u6c00
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24 May 12 #332712 by u6c00
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Sounds like you''re being taken for a ride.

Parental responsibility cannot be inherited, it is acquired (either through being present at the registration of birth, adoption or by court order).

In terms of ''who gets the kids'' if she dies, it would be up to the courts to decide. The courts do place a special weight on a biological relationship, but the wishes of the children (if they are of an appropriate age) may be considered, as well as a number of other factors. The likelihood of who would get residence isn''t my area of expertise, but I can assure you, it certainly won''t be decided by your ex''s will!

Ignore it, it means nothing and you may be right, it''s just bait for a fight.

  • Fiona
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24 May 12 #332737 by Fiona
Reply from Fiona
Your ex (or indeed anyone with PR for a child) may appoint someone else as a guardian in the event of her death. If there is a residence order in her favour in force at the time of her death the guardian can act jointly with you. When there is no residence order the appointment of the guardian doesn''t take effect until the death of the surviving parent with PR.

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