Step Parent's Rights
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.