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Hello everyone
We are working hard on the position statement for the Final hearing. As we do not want to return to court, we are trying to think of all the things we need to get covered off /included in the court order.
I have come across an issue that is causing me concern. (Not being morbid, just thinking ahead).
Scenario. Court order in place, parental responsibility, comprehensive child arrangement order in place, lots of contact/overnights with child
I'm the nan..
If my sons EX gets married and then in time she dies, can her partner go for residency?
Would his child automatically come live with him ?
If my son dies, could the ex stop the child seeing his paternal family? If she could, she would.
Can he put something in the order to prevent this, would obviously work both ways, visitation rights?
Very unlikely but what if both parents die?
Can My son appoint a guardian from the paternal family. Can his ex object to this?
Or am I being over concerned, my son is only 22 lol
Hi There,
.
I think that although the chances of these things happening are slim, they could and I don't think that having them in the order would be an issue, the ex may challenge it, but hopefully the judge would back the request and feel that you are just covering all aspects.
.
If your son were to die you do have rights as a grand parent and you would be able to gain an order through court for contact.
.
You could word a proposal around either mum or dad passing away, and that the child would live with the living party, but that there would be contact time with grand parents from either side and you couuld even ask for a schedule, having this in the order to me would be a good idea.
.
GTTS
Whilst I totally understand where you're coming from, I don't think it's wise to put these scenarios to the court to be honest. You would be asking them to make a decision based purely on what ifs.
If the ex marries and then dies, it would largely depend on how long her partner had been in the child's life and what the circumstances with school and other things were at the time. If they had a close bond over several years, the court might not want to disrupt her life, especially as she would have lost her mother, so if he applied for residency he could be successful.
If your son were to die, god forbid, then in theory she could stop your contact, but you could then apply for an order as grandparents.
If both parents die, then you could put yourself forward to take after her care, but so could her maternal grandparents/aunts etc.
Your son could make a will and mention that he would want his daughter to continue seeing his wider family...but she wouldn't be legally bound to it.
You and your son have been through the mill on your journey through the courts, its little wonder that you are at the point where you are overthinking every possible scenario....let this go and try and reassure yourselves that the odds that your son will see old age are highly favourable. Leave this particular fight alone....just my opinion.
All the best
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