Effie1970

I have an 18mth old child (born in Oz) and a nearly 9 yr old step child, my partner is an only child who parents have both passed away and my entire family is in the uk... I'm about to get my will drawn up but wondered how guardianship works for the 18mth old if something were to happen to both parents?

Has anyone had experience of what applies in a will or general principles of guardianship in the event that the child has no family in Oz? We have friends in Oz who have agreed to be guardians because I really hate the thought of her being 'sent away' should something happen to us - particularly given that her sibling would stay in Oz with his mum.

Thanks!

JAJ

Find a good family law solicitor in your state/territory of residence.

You will not get reliable information on an online forum.

Effie1970

not to worry, was actually only asking if anyone had any experience so that I could think about what relevant questions to ask when I do go to see the solicitor given that I assume there would be others in a similar situation on an expats forum.

JAJ

Your problem is that you will get a lot of information that either a. may not apply in your state; b. reflects someone else's wishes that's not the same as yours; or c. may reflect someone else's circumstances which may not be the same.

Result = confusion.

Is your 18 month old child an Australian citizen?

Discuss with your solicitor what you would like to happen, and the options legally, and if he or she sees a problem, find out is it possible to manage the issues in advance. For example, could your partner apply for parental responsibility over your child, perhaps even now?

When you see a solicitor, you need to get advice in writing and be prepared to pay for it ... a quick chat over the phone won't do.

Effie1970

JAJ - yes, my 18 mth old is an Australian citizen by birth

Not trying to be argumentative but what would state legislation have to do with it if she has no relatives in Australia? Would Australian law still apply as she would be an orpaned minor should something happen to both her parents before she reaches adulthood?

I only wondered because again I assumed there would be people here that have children that are Australian citizens that would possibly have had to think about what happens to both their parents. Am more than happy to seek legal advice and pay for it, but its nice to use a forum such as this to help be informed.

Pollyana

Been discussed only once in recent times -
http://britishexpats.com/forum/showthread.php?t=600359

Effie1970

Thanks Polly... I did read the thread but the difference was that the children involved had a parent and siblings... I'm more than happy that should something happen to me my partner would be a sole parent, but what about if she has no parents and any blood relatives (grandparents and uncles/aunts are overseas?) The last thing I want to happen is that she is sent to the UK where she has never known, and will do whatever I need to to ensure this doesnt happen (hopefully via guardianship in Oz)

Not to worry, will try and look up elsewhere.

JAJ

Many laws differ by state in Australia, child welfare may be one of them!

If child is an Australian citizen and resident, Australian law will clearly apply. But you need to find out what that is.

ozhappy981

On the one hand the well-being of your 18 months old child is important to you. But on the other hand it isn't important enough to you to contact a local family law solicitor who will know all the rules and regulations - and can therefore ensure that guardianship is set up properly.

You'd rather "look it up" ...

Weird!

Effie1970

oz - I have contacted the solicitors but also like to hear other peoples experiences... thought that was the whole point of a forum

Thanks all