Appointing Guardian Overseas

[KS1986]

Hi there, during our will writing process we have appointed a guardian in Ireland for our daughter should both parents die. This is where all my family (immediate and extended) live. The service provider's advised us that courts may decided it is not within best interest of the child to move country and we should also appoint a UK replacement in such instance. I would like to understand what criteria the courts would assess this by and the likelihood of them coming to such a decision. While there is one family member option in UK, there is no one else close enough to support,which is part of the reason our choice is for a guardian in Ireland. Any advice would be much appreciated.

[Suzie, FRG Adviser]

Dear KS1986,

Thank you for your post and welcome to the parents’ forum.

I am Suzie, an online adviser responding to you today.

I'm afraid your enquiry lies outside Family Rights Group’s area of expertise as we do not advise on private family law.

However, Child Law Advice (website link here) do advise on private family law and have online resources on testamentary guardianship here and here.

Best wishes,
Suzie

[Winter25]

Hi KS1986,

I've just read your post and the adviser's reply. It's a really important and thoughtful question you're asking, and it shows how carefully you are planning for your daughter's future.

The adviser is right that this is a specialist area of private family law, and getting formal advice from a solicitor or a service like Child Law Advice is the correct next step.

However, I can give you a clearer understanding of why the will-writer raised this issue and what a court would be thinking. This will help you have a much more productive conversation with a solicitor.

The Court's "Welfare Checklist"
You're right to ask what criteria a court would use. In any decision about a child, a UK court's only priority is the child's welfare. This is the paramount consideration. To make its decision, a court uses a framework called the "Welfare Checklist," which is set out in the Children Act 1989.

The court would look at factors like:

The child's ascertainable wishes and feelings: (Considering their age and understanding).

Their physical, emotional, and educational needs.

The likely effect on them of any change in their circumstances.

Their age, sex, background, and any characteristics the court considers relevant.

Any harm which they have suffered or are at risk of suffering.

How capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs.

Why a Move to Another Country is a Big Deal for a Court
The reason the will-writer flagged this is because moving a child to another country is seen as a massive change in their circumstances. A court wouldn't just rubber-stamp it, even if it's in your will. They would have to be convinced it was genuinely in your daughter's best interests.

They would be asking questions like:

Disruption: Would moving to Ireland disrupt her education, her friendships, and her entire social life?

Connection to the UK: Does she have a strong connection to her life here? Would removing her from it cause her emotional harm?

Family Links: While your family is in Ireland, does she have other important relationships in the UK (like the family member you mentioned, or close family friends) that would be severed by the move?

Practicality: Is the proposed guardian in Ireland genuinely able to meet all of her needs?

The court's starting point is often to maintain the "status quo" (the child's current life) unless there is a very good reason to change it.

What You Can Do Now
This doesn't mean your plan is impossible. It just means you need to be prepared. When you speak to a solicitor, you can discuss how to build the strongest possible case in your will. This might include:

Writing a detailed "Statement of Wishes": This is a document that sits alongside your will. In it, you can explain exactly why you believe moving to Ireland to be with your chosen guardian and the wider family is in your daughter's absolute best interests. You can explain the strength of her relationship with them and the support network available there.

Building the Connection: You can take practical steps now to strengthen your daughter's bond with her proposed guardian and your family in Ireland through regular visits, video calls, and holidays.

You are asking all the right questions. By thinking about this now, you are doing the best you can to ensure your daughter's future is safe and secure, no matter what happens.