A guardian of a child can appoint a testamentary guardian in their Will. This is a very important part of being a guardian and we highly recommend that this is done. The parent attends us and makes a Will appointing a person to act as guardian, in their place, if they die. This testamentary guardian can then apply for custody of the child. It is specifically important for single parents to do this as it ensures that the child will have a guardian of their choice should they die.
Alternatively, an application can be made to Court to have a person appointed guardian where the child has no guardian. Making a Will therefore alleviates this problem. If a testamentary guardian is appointed and another guardian is surviving, both guardians will act jointly with each other and have the right to apply for custody of the child. This can be applied for by attending at our office or alternatively attending in person at your local District Court office.