The Burrells Posted March 24, 2015 Share Posted March 24, 2015 Can anyone point me in the right direction please? i am a designated legal guardian in a UK Will. Should a Mum and Dad die I am to be responsible for their son if he is still a minor. If the unthinkable were to happen and im living in Aus on a PR could the minor come out here or will there be some massive legal conflicts???? Looking forward to any responses!! Thanks Tania Link to comment Share on other sites More sharing options...
Bungo Posted March 24, 2015 Share Posted March 24, 2015 The child would need a visa so you would have to go through that process, but there is an orphan relative visa which might be appropriate. However before then, I believe you would have to go through UK courts to get custody, you can't be granted this through a will. Link to comment Share on other sites More sharing options...
The Burrells Posted March 24, 2015 Author Share Posted March 24, 2015 The child would need a visa so you would have to go through that process, but there is an orphan relative visa which might be appropriate. However before then, I believe you would have to go through UK courts to get custody, you can't be granted this through a will. Bungo thanks so much i kind of figured there would be lots of issues. I believe that kind of battle is probably not the best for the lad so i guess ive got some bad news to deliver to the Mum and Dad! thanks again for such a speedy response. Tania ? Link to comment Share on other sites More sharing options...
Guest Bora Posted March 24, 2015 Share Posted March 24, 2015 Bloody good question and I admire your thoughtfulness Tania. Sounds like you know what you'll do, so good luck. Link to comment Share on other sites More sharing options...
Quoll Posted March 24, 2015 Share Posted March 24, 2015 I guess it would also depend on how much connection they would want the child to have with their extended family - moving him away from the rest of his natural family in addition to losing parents would probably be too cruel. Let's hope it's only a hypothetical and never comes to pass. Good that you are ahead of the game though! Link to comment Share on other sites More sharing options...
Nemesis Posted March 25, 2015 Share Posted March 25, 2015 The child would need a visa so you would have to go through that process, but there is an orphan relative visa which might be appropriate. However before then, I believe you would have to go through UK courts to get custody, you can't be granted this through a will. I posed this question to an agent, many years ago, about custody of my niece if the stuation arose. The orphan relative visa was the one I was told would be needed and in the circumstances would be granted fairly easily once I had custody. However as the kid has got older I have come to realise that it would mean me moving back there, couldn't remove her from everything familiar. Hopefuly it will never arise, either for me or the OP Link to comment Share on other sites More sharing options...
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