Your Rights as a Guardian

Many adults find themselves as guardian to the children of their partner who has perhaps passed away or who is no longer medically fit to look after their children. It is at this time an individual – who may have had no experience of acting in the best interests of the children – has to find it with themselves to take control of the situation and make decisions in the best interest of the children.

With this in mind it is worth knowing what the legalities of being a guardian are?

Being a Legal Guardian

If you are made a legal guardian you are responsible for the well being and safety of those children under your guardianship. This includes making sure they are fed, clothed, sent to school and are looked after in the same way they would be if their parent or parents were around to do so.

As a guardian you will be called upon to making decisions that will directly affect how the children are schooled, how they are taught the difference between right and wrong and how they are supervised during their lives up to the age of adulthood.

Becoming a Legal Guardian

In order to become a legal guardian you must first undergo assessment by social services who will submit reports and their findings to the Family Proceedings Court. It is not simply a case of announcing that you are a child’s legal guardian, in order for you to become so you must undergo these assessments which will include how you interact and deal with the child or children, how you plan to support them and also how you plan to ensure that their upbringing continues in a manner befitting that as desired by the child’s parents.

Many think that becoming a legal guardian is a swift and simplistic process but alas this is not the case. There are lots of aspects of parenting and guardianship to take into consideration as well as the feelings of the child or children involved. Social services and the Family Proceedings Court must be sure that your becoming a legal guardian is something that you as an individual can cope with and also something that the children involved are happy with.

It is recommended that where possible if you feel you need to allocate a guardian to look after your children in the event of serious illness or indeed in the event of your death – that you try and ensure that another family member assumes the responsibility. Also it is better viewed if you have already had experience of looking after and caring for children. This is of course not to rule out the possibility of an individual or couple who have not had experience in dealing with children. Social services and the courts will take into consideration the wishes of the parent should they be known.

Family Proceedings Court

This is a court that deals specifically with aspects of family life and the welfare of children. With settings a little less formal than those of a traditional criminal court the Family Proceedings Court is designed to rule in favour of what is best for the children.

If you seek to become a legal guardian – either as the result of a parent’s request or because you think it is the right thing to do – you will be asked to appear before the Family Proceedings Court and explain why you feel you can uphold the family values and parental responsibilities initially charged to the parent.

Your Rights as Guardian

If the Family Proceedings Court issues you with custody of the children in accordance with the wishes of the parent and the findings of Social Services you have as much right as you would if you were the children’s natural parents. You are responsible first and foremost with their upbringing and also their grounding in moral responsibility and just like a parent are legally obliged to be consulted on any issues relating to the children’s education and general upbringing.

For more information on becoming a legal guardian you should consult with a solicitor who specialises in family law and also with Social Services who can provide you with advice on how to proceed.