Many adults find themselves as guardian to the children of their partner who has perhaps passed away or who is no longer medically fit to look after their children. As a guardian, you have to make decisions in the best interest of the children. With this in mind it is worth knowing what the legalities of being a guardian are?

Being a Legal Guardian

If you are made a legal guardian, you are responsible for the wellbeing and safety of those children under your guardianship. This includes making sure they are fed, clothed, sent to school and are looked after in the same way they would be if their parent or parents were around to do so.

As a guardian, you will be called upon to making decisions that will directly affect how the children are schooled, how they are taught the difference between right and wrong, and how they are supervised during their lives up to the age of adulthood.

Becoming a Legal Guardian

In order to become a legal guardian, you must first undergo assessment by Social Services who will submit reports and their findings to the Family Proceedings Court. You will be assessed to see how you interact and deal with the child or children, how you plan to support them and also how you plan to ensure that their upbringing continues in a manner befitting that as desired by the child’s parents.

Social Services and the Family Proceedings Court must be sure that you can cope with becoming a legal guardian and that the children are happy with you as their guardian.

Family Proceedings Court

This is a court that deals specifically with aspects of family life and the welfare of children. With settings a little less formal than those of a traditional criminal court, the Family Proceedings Court is designed to rule in favour of what is best for the children.

If you seek to become a legal guardian – either as the result of a parent’s request or because you think it is the right thing to do – you will be asked to appear before the Family Proceedings Court and explain why you feel you can uphold the family values and parental responsibilities initially charged to the parent.

Your Rights as Guardian

If the Family Proceedings Court issues you with custody of the children in accordance with the wishes of the parent and the findings of Social Services, you have as much right as you would if you were the children’s natural parents. You are responsible first and foremost with their upbringing and also their grounding in moral responsibility, and you are legally obliged to be consulted on any issues relating to the children’s education and general upbringing.

For more information on becoming a legal guardian, consult with a solicitor who specialises in family law and with Social Services who can provide you with advice on how to proceed.