18 September 2015
Dear Sir
A client has contacted me about his daughter who was living with the mother. The mother has passed away and the child, a 13-year old girl, is now living with the mum's sister and appears to be having a difficult time. The father wants to ensure access to the child continues and probably be the guardian if appropriate.
After taking full instructions is the best approach to try and negotiate with the in-laws and then initiate proceedings if unsuccessful?
Unless altered by an existing court order the father continues to be the guardian of the child.
If the mother appointed a guardian in her will then the father shares parental responsibility for the long term care of the child with that person.
If a parenting order is in place then refer to section 65K of the Family Law Act 1975.
In the event of a dispute, the Family Court will make a decision on the basis of all of the circumstances at that time.
The best course of action is always to seek an agreement with the family as to what is best for the child.
Regards Mentor
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