Living with stepchildren is increasingly common. Step-parents are likely to
develop close relationships with children who may or may not be in close contact
with a non-resident birth parent. The law has always placed considerable
importance on the rights and responsibilities of birth parents, but to what
extent can a step-parent acquire rights and responsibilities for children with
whom they have a relationship?
Parental responsibility is the most important
concept in the relationship between parents and children. Parental
responsibility means all the rights, duties, powers, responsibilities and
authority which by law a parent of a child has in relation to the child and his
property. It is a bundle of rights and responsibilities which cover all aspects
of being a parent.
A step-parent does not acquire parental
responsibility for a child simply by being married to the parent of that child.
Legally, step-parents are often invisible. However, the reality is very
different and step-parents often find themselves looking after the children of
their spouse. If a child requires medical treatment or the authorities, perhaps
the police, wish to question a child they will often need to deal with someone
with parental responsibility.
A step-parent can acquire parental responsibility
for a child if a court makes an order that the child reside with that person
either on their own or with another person, probably a birth parent of the
child. However, residence orders which refer to step-parents are not very
common.
A step-parent may also acquire parental
responsibility by adopting a child which puts him in the same position as a
birth parent.
Step-parents can also now acquire parental
responsibility through signing a parental responsibility agreement to which a
birth parent, or both birth parents of the child (if they both have parental
responsibility) consent. This is a formal document which needs to be completed
by the parties and then registered at court.
It is perhaps surprising, particularly where
there is only one person with responsibility for a child, that more use is not
made of parental responsibility agreements in favour of step–parents. There are
many cases where a step-parent has a very important and lengthy relationship
with a step-child, playing a greater role in their life than their birth
parent.
Where there are two birth parents with parental
responsibility for a child, things can be more complicated as the relationship
between the birth parents may often be a relevant factor in reaching
agreement.
The court can also make a parental responsibility
order on the application of a step-parent. As in all cases concerning the child
the court would base its decision on what was in the best interests of the
child.
Since the coming in to effect of the Civil Partnership Act, same sex
partners in a registered civil partnership can also acquire parental
responsibility by agreement or a court order.
An unmarried partner is not a step-parent of the
children of their partner and, if they wish to acquire parental responsibility
for the children, they would have to apply for a residence order or adopt.
The acquisition of parental responsibility by a
step-parent does not affect the rights and responsibilities of the other parents
with parental responsibility. The emphasis of parental responsibility is that
all parents with parental responsibility continue to share parenting beyond the
end of the birth parents’ relationship.
At present it remains to be seen how much use is
made of the power to give step-parents parental responsibility for children of
their spouse by parental responsibility agreement or by court order. There will
be cases where there is just one person with parental responsibility where it
makes considerable sense for their spouse to also have parental responsibility.
There will also be circumstances where there are two birth parents with parental
responsibility where they both recognise that it is in the interests of the
child for the step-parent to have parental responsibility as well. However, in
cases where there is no agreement and possibly hostility, the court has to
consider the welfare of the child.
For more information please contact a member of our Family Law Team,
on 01206 578282 for our town centre office based at Norfolk House and 01206
835300 for our out of town offices on the Severalls Business Park.