Hubby and I were talking the other night, that (God forbid) the worst happened and we were both killed, what would happen to the kids! We both said that we wanted his parents to take them. However, his parents live in Scotland. Our youngest is an Aussie citizen by birth, and the other 2 will be made citizens shortly.

Here comes the question, would the children be made to leave Australia and live in Scotland, or is there some sort of provision/ visa made available that would allow his parents to move over here and take guardianship of the kids?? I just couldn’t imagine sending them back to Scotland, when we moved here for their benefit!

Thanks

Not aware of any specific visa for this situation, although there may be the option of ministerial intervention in a one-off special case. Might be helpful if you put wishes in writing, children are citizens, etc.

You may also want to make arrangements with a friend or family that are near to you to see if they could take care of your children until your parents can get to Australia.

a Will is a good place to state your wishes and who is to be a guardian for them otherwise it may fall to the state to determine who should be the guardian of your children.

cheers john

It will fall to the State anyway, since children are not property that can be freely left to someone else in a will. However, written expression of wishes from the parents will usually be taken into consideration, along with other factors.