Appointing A Guardian

For peace of mind most parents will want to make a will appointing a guardian to look after a child in the event of their death and parents often make this decision together. However, for estranged couples who have encountered difficulties whilst co-parenting, this could be another hurdle to overcome. What powers does the guardian have if the surviving parent does not agree that the child should be based with the guardian? And what rights does the surviving parent have?

The first step is to consider who has parental responsibility and to check whether a Child Arrangements Order is in place. The answers to these questions could affect whether or not the appointment of the guardian takes effect.