Special Guardianship Order - LCS Legal Dawlish

Appointing a Guardian

All children and minors under the age of 18 must have someone legally responsible for them.

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Guardianship is acquired in the following ways:


If the father is married to the mother at the time of the birth


If the father is named on the birth certificate, i.e the parents jointly registered the birth


By entering into a parental responsibility agreement with the mother


By order of the Court


By appointment by the mother upon her death

Usually by way of a clause in her Will, although we also offer stand-alone Deeds of Appointment of Guardians.

All children and minors under the age of 18 must have someone legally responsible for them. A mother would normally have parental responsibility, however the natural father of the child would not necessarily have the same right. The father's right would depend upon whether he is named on the birth certificate or married to the child's mother when the child was born.

What happens if the parent dies prior to a child reaching 18?

This depends on whether the parents have made a Will and nominated Guardians within their Will. The appointment of a Guardian is to ensure that someone has on-going parental responsibility for the child.

If this provision is not in place, there is a possibility that any children could be taken into care until a Guardian is found for them. Even if a family member steps forward to care for any children, the family member will have to go through the lengthy process of making the necessary applications to become the Legal Guardian.

What are Parental Rights and Responsibilities?

  • Physical possession of the child
  • Education
  • Religion
  • Legal responsibility
  • The right to chastise
  • Manage finances
  • Medical decisions

Contact us today to discuss your requirements in complete confidence:

0345 017 8250(local rate call)