Sole Custody for non family members

[Monkey77]

I want to write my will fairly soon and I would like to stipulate that my best friend and her husband have custody of my children (currently 3 & 6) should anything happen to me. They are unofficially godparents to my son (never been christened). The children don't have any contact with their father and should he gain custody, there would be issues with my side of the family seeing the children.

I know this can be contested but is this at all possible, are there any instances of people outside the family being granted sole custody?

[Dee Sa]

we agreed to our god children [2] coming to live with us in the event that both parents died, we talked about it and agreed because the grandparents one one side were too old and the other set of grandparents were estranged. The elderly grandparents were told and agreed and we promised 24 hr access, luckily it never happened and both boys are now over 21 with parents still here with them.
They did it because they loved their kids, this was written in their wills that we [named ] had agreed.

[STIDW]

Any 'individual/s' can be appointed as guardian. However, unless there is a residence order in your favour immediately before your death the appointment doesn't take effect until the death of the surviving spouse with parental responsibility - s5(8) Children Act 1989.

[bednobs]

you can't "will" children.

[STIDW]

Sorry, just to clarify I should have said if you have a residence order in your favour the court may order an individual you appoint in your will to be the child�s guardian and they would automatically acquire parental responsibility.

s5(1) "Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child�s guardian if�

(a) the child has no parent with parental responsibility for him; or

(b) a residence order has been made with respect to the child in favour of a parent or guardian of his who has died while the order was in force."


s5(5) Refers to appointment made by will

s5(6) "A person appointed as a child�s guardian under this section shall have parental responsibility for the child concerned.

(7) Where�

(a) on the death of any person making an appointment under subsection (3) or (4), the child concerned has no parent with parental responsibility for him; or

(b) immediately before the death of any person making such an appointment, a residence order in his favour was in force with respect to the child, "

http://www.opsi.gov.uk/acts/acts1989/ukpga_198 90041_en_2#pt1-l1g5

[Monkey77]

Thank you both very much, that was very informative. I hope my story is similar to yours Dee Sa, but I'm a firm believer in the old adage that it's better to have something and not need it, than need it and not have it. It's nice to know that it is possible, their godparents are by far the best people to look after them should anything happen to me as they all adore each other.