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Child Issues

   I am divorced from my son's father. We separated when he was 13 months old. My son is now 6 and has contact with his father once a fortnight for 7 hours. My ex-husband has another child and lives with his girl friend. I now live with my partner and plan to have more children. If I were to die would my son have to go and live with his father?


If you have a sole residence order then you can appoint guardians to look after your son. Your ex husband will have parental responsibity with the appointed guardian. There will be nothing to prevent your ex husband from making an application to the court for a residence order.

Answered by:Mark Keenan, Editor

    My wife and I currently have one child. I have a child by a previous marriage for whom I am required to make Child Support payments. We would like to make mirror Wills whereby the survivor acquires the entire estate. In the event that we both die we wish to pass two thirds of our estate to our child and one third to the other child. Is this as straightforward as I have described here?


If you do not make reasonable financial provision for your child from your previous marriage then he/she can make an application to the court under The Inheritance (Provision for Family and Dependents) Act 1975.

If you wish to proceed in the manner you suggest I strongly recommend that further legal advice is taken so that adequate funds, relative to the size of your estate, is left to your son/daughter. Look into the possibilty of term life assurance which is relatively cheap to finance and will pay out a lump sum in the event of your death which can be paid to your son/daughter.

Answered by:Mark Keenan, Editor

    I have recently separated from my partner. We were not married. My child who is 4 is named on her birth certificate. In case of death does responsibility for my child automatically transfer to her father. Or do I have to make provision in my will or other.


Your ex partner does not have parental responsibility. However he can acquire responsibility by making an application under the Children Act 1989.

If you appoint your ex partner as guardian in your will, he will automatically assume parental responsibilty.

Answered by:Mark Keenan, Editor