What to do if…
you discover a person who died had a co-parenting arrangement and upcoming handovers need immediate planning
Short answer
Pause any “routine” handover plans until you’ve confirmed who currently has parental responsibility (PR) and what any court order says. Your first job is a safe, child-centred stopgap plan for the next 24–72 hours (who the child is with, who can collect, and how school/childcare will handle pickups).
Do not do these things
- Do not assume a previous schedule still applies “as written” after a death.
- Do not refuse contact or change arrangements by heated texts; keep messages factual and brief.
- Do not hand the child to a third party (relative/friend) unless you are confident they have PR/authority, or you have clear written agreement from the surviving parent with PR.
- Do not involve the child in adult conflict (“your mum/dad wanted…”, “you have to choose”).
- Do not post about the death or arrangements on social media.
What to do now
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Create a 24–72 hour safety plan in writing (even a simple note).
Include: where the child will sleep tonight, who will do school/nursery runs, who is allowed to collect, and what happens at the next scheduled “handover” time. -
Confirm the controlling paperwork: PR and any family court order.
Practical checks:- Find the most recent Child Arrangements Order (and any other relevant order). Photograph/scan it.
- Identify who has parental responsibility (PR). If you are unsure, do not guess—treat it as “to be confirmed” and keep arrangements conservative and calm.
- If someone says “there’s a guardian in the will,” note it, but do not treat it as controlling for handovers without checking: in England & Wales, a testamentary guardian appointment usually only takes effect in specific situations (for example, if there is no surviving person with PR).
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Make one respectful, factual contact to the surviving parent (or their representative).
Aim: agreement for the next few days only. Keep it short:- confirm the child is safe,
- acknowledge the death,
- propose a temporary plan (next exchange + next school run),
- ask for a copy of the order/PR details if you don’t have them. If direct contact is volatile, use email and stick to logistics.
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Lock down school/nursery collection and safeguarding today.
Contact the school/childcare and ask them to:- update the “who can collect” list immediately,
- require ID for any unfamiliar adult,
- record that arrangements are temporarily changing due to a bereavement.
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If a handover is due within hours and authority is unclear, choose the lowest-conflict stopgap.
Options that often reduce risk:- keep the child in their current safe placement until you’ve spoken to the surviving parent with PR (or seen the order),
- move the exchange to school pickup (with the school told in advance),
- avoid using extended family as “go-betweens” unless everyone agrees in writing.
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If you believe the child is at immediate risk, act on safety first.
If you believe the child is in immediate danger, call 999. If it’s urgent but not immediate danger, call 101 for police advice and/or contact your local authority children’s services for safeguarding guidance. -
If there’s a dispute and an order exists (or is urgently needed), get urgent family-court advice.
If an order is being breached or can’t safely be followed, urgent legal advice can help you decide whether to apply to vary/enforce. If the case goes to family court, Cafcass may be involved in safeguarding and child-focused enquiries.
What can wait
- You do not need to decide the long-term custody/contact pattern today.
- You do not need to resolve estate issues, wills, or longer-term guardianship decisions in the next 24–72 hours.
- You do not need to “prove” everything right now beyond keeping the child safe and routines stable.
Important reassurance
It’s normal for handovers to become confusing and emotionally charged after a death—especially when everyone is grieving and frightened about losing time with the child. A short, written stopgap plan plus clear school pickup controls protects the child and reduces conflict while you confirm the legal position.
Scope note
These are first steps only: stabilise the next few days, prevent a chaotic handover, and confirm PR/court orders. Longer-term arrangements often need family-court guidance, mediation, or legal advice—especially if there’s disagreement.
Important note
This is general information, not legal advice. Family situations vary and the safest step is often to slow down, confirm authority (PR/court orders), and use official channels (school safeguarding procedures, urgent legal advice, and—if needed—police/children’s services).
Additional Resources
- https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility
- https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility
- https://www.legislation.gov.uk/ukpga/1989/41/section/5
- https://www.gov.uk/government/publications/parental-responsibility-court-orders-testamentary-guardians-and-loco-parentis-caseworker-guidance/parental-responsibility-court-orders-testamentary-guardians-and-loco-parentis-accessible-version
- https://childlawadvice.org.uk/information-pages/testamentary-guardianship/
- https://childlawadvice.org.uk/information-pages/residence/