Giving guardianship of children to non Irish in will

dori_dormer

Hi,

Just wondering if anyone knows if you can appoint guardianship of your children to non Irish in your will in the case both parents die. I can't seem to find anything online, but I'm perhaps not using the right lingo!

Would just like to know so we can potentially approach friends about it And then if they agree, solicitors. They would be EU citizens, but currently living abroad if that makes a difference.

Thx

Peregrinus

You can. You won't find much online about this, because the reason you can do this is simply that no law forbids it. There is no law that says, in as many words, that you can do it.

It would mean, of course, that if you both died then either (a) your appointed guardians would have to be willing to come and live in Ireland to parent your children, which is a lot to ask, or (b) your children would have to deal not only with your deaths but, immediately afterwards, with the personal and cultural disclocation of leaving their home, their extended family and all their friends and going to live in a foreign country, which could magnify their trauma considerably. So think carefully about whether this is the best option.

But if it is the best option, then you can do it.

dori_dormer

Thanks,

Yes we have thought a lot about it. None of our family are suitable for various reasons, and we, like our closest friends live abroad most of the time.

Our son will mostly be in the same situation as their children, every few years moving to a new country and a new international school, so we are hoping that aspect won't be too different. Obviously if our children hated the life as they got older, we would have to reconsider

Thank you again

Mr. Incognito

You have to apply to the courts to be appointed legal guardians.

You might want to discuss it with your friends.

A will would reflect your intention but I do not think it would be legally binding.

If this is your actual intention there is nothing stopping you having them appointed legal guardians while you are alive.

Peregrinus

Mr. Incognito wrote: »

You have to apply to the courts to be appointed legal guardians.

You might want to discuss it with your friends.

A will would reflect your intention but I do not think it would be legally binding.

No, you can appoint guardians by will - Guardianship of Infants Act 1964 s. 7. It's only if there's no guardian (or if the guardian appointed by will declines to act) that you apply to court under s. 8.

Mr. Incognito wrote: »

If this is your actual intention there is nothing stopping you having them appointed legal guardians while you are alive.

You can make the will nominating a guardian while you're alive (obviously) but it won't take effect until you die. You can't appoint a guardian to act along with you while you're still alive.

Mr. Incognito

http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/11B55178B0EBE941802577EA003FC000?opendocument

Good info