What happens to our children if we die?
 

Bit of a morbid one but something that needs thinking about.

If me and my husband died while in Australia and we have my parents as the guardians for the children, are my parents allowed to live in Australia with the children, who will be Australian citizens (one is already), or do they have to take them to the UK?

Also what happens to the children whilst my mum and dad are flying over? Do they go into care or can a friend step forward and claim them for a few days, I know we could probably state this in the will but I imagine people won't be going through our will in the first few hours after we die... :eek:

Re: What happens to our children if we die?
 

1. No, your parents would not be allowed to live in Australia with the children. The children would have to move to the UK.

2. No, a friend cannot step forward and claim them for a few days. The children would go into care, possibly a short-term foster home or a children's home until your parents arrive.

It would therefore be a good idea to speak to a family solicitor and set it up that a friend can be the temporary guardian until your parents arrive from the UK - so the kids don't have to go into care.

As the children get older, you may want to have Australian friends as guardians. Your parents will be strangers to them and then being moved half-way across the world after losing both parents would be very traumatic.

Re: What happens to our children if we die?
 

It's one of those questions that come up regularly and makes us all think and then we go back to burying our heads in the sand because it won't happen to us, will it. :rolleyes: :)

From reading stuff in the past, if the children are citizens, then there can be special dispensation for the grandparents or whoever is named legal guardian to get a visa, generally though I would imagine the children would go back to the UK.

If you don't make definite plans for what happens to the children between the time you die and the guardians arrive, the children would be put in the care of the social services - short term foster parents trained for the task I would imagine.

If you have a friend here you would trust with your children then I would ask her if she would do this, then have something drawn up legally that she would keep, the school/kindy/whatever would have their number as third emergency number etc. She would then be able to produce the document immediately she finds out about your deaths.

I'm not sure if the UK guardians would be able to get special dispensation for visas if the children are PR, you'd probably have to check with a migration agent on that one. Yours are only little though I think, so probably a move back to the UK would be best. They'd have to move back for a while even if the guardians did want to live here.

Just remembered, there is something on the DIAC site, I'll try and find it.

Edit: No, I think I was thinking of the 116 which is for parents or family members who need a permanent visa to come out to act as carers for PR or citizens but you have to prove the medical side, it's not carers as in looking after healthy children. I should imagine though, it would be something like that visa they would need to get.

Re: What happens to our children if we die?
 

That's what I thought :( I really wouldn't want our kids to go into care, even for a day or two.

I think we'll keep my parents as guardians for now, our children are only 20 months and 4 months old so they'd adapt easily and probably would for a few years yet but like you said it would be so traumatic being dragged away from everything you know in Australia to go live in England, doesn't bear thinking about.

Thanks for that ozhappy, certainly some food for thought there.

Thanks for that MP, I think the kids could go back to the UK for a good few years yet, they're only babies still.

That's quite interesting about special dispensation but even if they could get it I suppose I need to check with my parents if they'd even want to live here for the sake of the kids...

I'll definately look into get a temporary guardian for the kids and it it would be useful for them to have it to hand as well. It'd be a nightmare if we died and the school/kindy won't hand them over to the guardians because we never bothered to get anything drawn up. It would be very distressing to all involved.

Do you know, I never once considered this during the visa application part... because you're right, it'd never happen to us ;)

Re: What happens to our children if we die?
 

I guess it depends on the circumstances, for example if they were in the car at the same time with you when it exploded or went over a cliff I dont think its something you would have to worry about, depends what happens :rofl:

Re: What happens to our children if we die?
 

My eldest will be 18 in September. Neither of us are allowed to die until at least then. :rolleyes: Seriously though it's a nightmare and it's sooooo much easier to not think about. I don't even want to bring the subject up for discussion between us all. Having to ask my babies (17 and 15) what they will want to do if we die isn't the conversation any parent wants.

Back to the sand.

Re: What happens to our children if we die?
 

Fingers crossed you don't drop off before September then! It is so hard and awkward questions to ask people but needs must I suppose... Guess I need a chat with the OH and my parents. Thank God I haven't got to worry about the children's opinions....yet :D

Tried to give K for the helpful info but need to spread first :)

Re: What happens to our children if we die?
 

This.. it exists, I would suggest that consideration would be given to the guardians (grandparents) should they elect to move to here to support the children..... so long as they were white bread (I am such a cynical aussie now having lived and used the UK/EU system)

anywhoo.. that's how it works in reverse (into the UK).

where's JAJ when you need him

Re: What happens to our children if we die?
 

Oh Christ! I couldn't stand the thought of my toddler (and baby) in care, not even for a few hours.

Not such an issue for me as my husband is aussie but his parents are too old to parent full time and his brother is a dropkick.

Best get talking about this subject methinks......euwwww.

Re: What happens to our children if we die?
 

If your eldest is over 18, do they automatically get to look after the others or do you still have to state it in a will?

Re: What happens to our children if we die?
 

God, don't know, just assumed so. She would be an adult and her sister would kick up one hell of a fuss (happy not to witness that ;)) if she wasn't. Oh do I really have to look into this? I don't want to :(

Re: What happens to our children if we die?
 

Happy to be the cause of several awkward conversations this weekend!:D

Re: What happens to our children if we die?
 

TBH it's not something I've given much thought to, but obviously should.

Will be seeing my best friend tomorrow for a night out for her birthday, that conversation will really get the party going;)

Re: What happens to our children if we die?
 

They are locked up on X-mas island.. ;)

Re: What happens to our children if we die?
 

We have a letter of wishes attached to our wills that states very clearly that we do not want our child going into care in anyway shape or form - it brings tears to my eyes just thinking about it while I type this. Bloody awful. It states that he should live with someone he knows until the will matters are sorted through.

It also states that if our son is at an age that he can reasonably voice his own wishes that those should also be taken into account.

It is a hellish thing to think about.