WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
September 07 2024
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
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When does the appointment of a guardian come into effect?

When does the appointment of a guardian come into effect?

If, on the death of the person making the appointment (even if the parents are separated or divorced):

  • there is a surviving parent with parental responsibility; and
  • the deceased did not have a residence order in his or her favour

then the appointment does not take effect until the death of the surviving parent with parental responsibility. It is then possible that effective appointments by both parents will take effect simultaneously (potentially leading to conflicts between two separately appointed guardians which the court may have to resolve).

Thanks very much to Punam Denley, a partner at the International Family Law Group LLP for reviewing and to David Hodson, also partner at the International Family Law Group LLP, who reviewed an earlier version which appeared in A Parent’s Guide to the Law by Jon Robins (LawPack , 2009).  Stephen Lawson, a litigation partner at Forshaws Davies Ridgway LLP assisted with the section on the CSA.

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Jon is editor of the Justice Gap. He is a criminology lecturer at Brighton University and a freelance journalist. Books include Justice in a Time of Austerity (Bristol University Press, 2021), Guilty Until Proven Innocent (Biteback, 2018), The First Miscarriage of Justice (Waterside Press, 2014), The Justice Gap (LAG, 2009) and People Power (Daily Telegraph/LawPack, 2008). Jon is twice winner of the Bar Council's journalism award and has won Halsbury Legal's journalism award

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