giggle Posted June 23, 2014 Share Posted June 23, 2014 Hi, we are looking to see a solicitor to write a Will. We're permanent residents. Can anyone advise whether we can stipulate, in the event of both of us dying at the same time, that we want our children to return to live with family in the UK. There is no other family in Oz and I don't want them ending up in foster care. We will be speaking to a solicitor about this but was interested to hear if anyone has heard of this type of thing, thanks. Link to comment Share on other sites More sharing options...
Skani Posted June 23, 2014 Share Posted June 23, 2014 Can anyone advise whether we can stipulate, in the event of both of us dying at the same time, that we want our children to return to live with family in the UK. There is no other family in Oz and I don't want them ending up in foster care. Yes, you can stipulate who you wish to be guardians of your children. In fact, it is something which all parents should do, just in case the unthinkable happens. Link to comment Share on other sites More sharing options...
giggle Posted June 23, 2014 Author Share Posted June 23, 2014 Yes, you can stipulate who you wish to be guardians of your children. In fact, it is something which all parents should do, just in case the unthinkable happens. My concern is more to do with whether it would be a straight forward process for the children to be allowed to leave Oz to return to the UK. Obviously that would be common sense but?? Link to comment Share on other sites More sharing options...
Guest Posted June 23, 2014 Share Posted June 23, 2014 Logically the legal guardian would have the right to make that decision, just make sure your children have British passports (I don't know where they were born) but logic doesn't always come into immigration law! Not my business but I think it is something you should re-visit every year, should the worst have happened I would not have wanted my son to return to the UK - the way I looked at it, moving schools, losing friends and a way of life he was used to after 5 years in Australia would have not been in his best interests should the worst have happened. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted June 23, 2014 Share Posted June 23, 2014 Wise words from @Lady Rainicorn and speaking for myself, if I had made good friends with someone and then they died suddenly, I would be more than happy to assume guardianship of the children. In fact, Mr MtT and I have Wills in the UK currently that nominate my BFF as the girls legal guardian and one of the older brothers and a cousin to oversee the care of the estate. Link to comment Share on other sites More sharing options...
giggle Posted June 24, 2014 Author Share Posted June 24, 2014 Logically the legal guardian would have the right to make that decision, just make sure your children have British passports (I don't know where they were born) but logic doesn't always come into immigration law! Not my business but I think it is something you should re-visit every year, should the worst have happened I would not have wanted my son to return to the UK - the way I looked at it, moving schools, losing friends and a way of life he was used to after 5 years in Australia would have not been in his best interests should the worst have happened. You made some good points there, thank you, something to keep in mind. Link to comment Share on other sites More sharing options...
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