My son and his ex-partner have 3 children. The mother of the children has had the primary care of the children and has

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Customer: Hi my son and his ex-partner have 3 children. The mother of the children has had the primary care of the children and has over the last two years blocked most of my son's access to the children using excuses like theyb are going out somewhere or have something else on so you can't see them. She now has terminal cancer and is determined that my son will not have the children when she passes. She has appointed her sister as guardian once she passes. There is no custody order in place She and my son have always been joint guardians by way of being the parents of the children. My first question is can she legally appoint a guardian when their father is still living and wants to have his children and can provide a stable home for them.
JA: What state are you in? Guardianship law varies by location.
Customer: new zealand I thought I was speaking to a NZ lawyer
JA: Do the biological parents consent to the guardianship?
Customer: The biological father does not consent to the aunt having guardianship.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There is so much it would take me hours to write it all down
Answered by Chris The Lawyer in 25 mins 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Customer
Thank you
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Chris The Lawyer, Expert

Your son is the guardian of the children and will remain so. She can appoint a guardian in her will (her sister) but that will not stop your son actually getting the children when she dies. But it would be best to arrange something or even go to the Family Court to prevent anything unseemly happening when she dies.

Customer
Thank you for your help. I will contact you again if needed
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