Do Godparents Have Any Legal Rights

[fairycakes69]

Just wondering, as granddaughters friends 11 and 10 years have lost both their parents at separate times to motorcycle accident. Out of 3 grandparents 1 is unable to look after them, 1 has moved in for a short time and the other they don't want to live with. Their godparents were going to be having them for a couple of weeks to give the gran a break, they were all packed until grandad turned up and said they couldn't go as he doesn't like them. The children were hoping to live with the godparents full time. So can they file for custody?
Thank you.

[dannyk13]

I doubt it,unless they are related.

[Mamyalynne]

No legal rights attached to being a Godparent - unless of course named as a Guardian in a Parent's Will.

[fairycakes69]

Thank you, did think that, but thought I'd check.

[EDDIE51]

All custody cases that come to the family court have just one overriding principle now, that is to do 'whatever is in the best interest of the child/ children'
There are no 'rights' other than those of the child /children.
Where more than one child is involved each child can be considered separately.
A child of 10 or over is considered able to give their own view about what they want to happen and to have that considered by the court .

[woofgang]

but grandmother had given permission? Is the grandmother a legal guardian?

[EDDIE51]

Yes the God parents can apply for custody, but the case will be decided as I said ' In the best interests of the children'
In this case that may very well be to grant custody to the God parents, but neither they or anyone other than the children have any 'rights' .
I would advise the godparents to apply to the family court for custody, the grandad cannot stop them applying and will be bound by the court's decision.

[fairycakes69]

Yes grandmother had given permission and is badly needing a break, but grandad seems to have overruled her decision, they are from opposite sides of the family. Not really sure who is classed as their guardian, thinking it must be the grandad. Not an easy situation.
Will pass onto the godparents that they can go via courts.
Thank you.

[EDDIE51]

Always a shame when children become pawns in a family dispute.

[Peter Pedant]

No unless there is another relation which gives rights

[EDDIE51]

PP there is NO relation that gives 'rights'. As I said the ONLY ' Rights' are those of the child / children to have whatever is in ' Their best interests'
in regard to custody. As they are 10 & 11 a court will ask them what they want to happen, and if possible arrange for their wishes to be fulfilled. Of course there will be times when it is not possible to do what the children want, but it must be a factor.