Child Arrangements Following The Death Of A Parent

Losing a parent is absolutely devastating for children, but it can be even more traumatising when their parents have previously separated. If the children were living with the deceased parent at the time of their death it may not automatically follow that they will go to live with the surviving parent.

Grandparents, relatives, and family friends may all have strong feelings about who should look after the children, where they should live, and who they should have contact with.

In some cases, the children may have a stronger relationship with other relatives and friends and naturally gravitate towards them for comfort and support rather than the surviving parent.

The last thing anyone wants is to be embroiled in a dispute over the children at a time of bereavement but this regularly happens, especially when there has been a sudden death.

Members of the extended family, such as grandparents, aunts/uncles, or close contacts may ask for the children to live with them as kinship carers. In an extreme case when there is a risk of significant harm, the local authority may even apply to take the child into care.

The legal rights and responsibilities of interested parties will have to be evaluated carefully against the rights of the surviving parent and specialist legal advice will need to be provided to anyone who wants to care for the child.

Our expertise in these circumstances

Recently, Melanie Bridgen from our Family Law team in Derby represented a Grandparent in just this situation after the Children’s Mother died unexpectedly. Melanie acted quickly to safeguard her Client’s position and obtained an urgent order to secure the Children in her care as the arrangements for the Children had not been settled at the time of the Mother’s death.

Melanie’s advice was strong, yet sensitive, for our Client, making sure that she had excellent legal advice tailored to her individual needs from the outset.

Melanie works with a team of expert lawyers and, as well as family law, there are also specialist lawyers at Nelsons with expertise in contested probate. They work together to advise and support clients to navigate their way through the legal minefield and grapple with complex issues while when the client in dealing with their grief and the legal ramifications of sudden death.