Guardianship

Question 1

A guardian can be appointed by someone with PR which gives them

Answer 1

PR S 5(6)

Question 2

When will the PR take effect

Answer 2

Normally, a guardianship appointment will only take effect when the last parent with PR has died. However, if the person who makes the appointment has a residential child arrangements order (CAO) or is a special guardian (SG), then the appointment takes effect when that person dies - even though there may be a surviving parent with PR (s 5(7) and (8)).

Question 3

How to confer guardianship

Answer 3

• Although it has significant status, it is relatively easy to confer by a parent with PR, by a guardian or special guardian, by deed, will or writing their wishes down and dating and signing it. There is no need for judicial involvement (S 5(3) and s 5(5)).

Question 4

What will happen where guardian with a surving parent

Answer 4

• In the situation just described, the guardian and the surviving parent will both have PR. The parent’s PR is not affected. Under s 2(5) CA which allows more than one person to have PR of the same child. S 2(6) CA states that a person with PR with not cease to have PR because some other person acquires PR for the same child. Any disagreements resolves by s 8 orders

Question 5

Re ER

Answer 5

existence of the guardianship appointment as a “potent influence” and quoted what the CA had said at an earlier stage in the proceedings. “The fact of the appointment is another significant matter which will be taken into account and given appropriate weight by a court when determining the best interests of the child”