How can step parents obtain Parental Responsibility?

The number of ‘blended families’ – where divorced and separating couples take on their partner’s child or siblings from a previous relationship – continues to increase in today’s modern world.

Step parents who play a formative role in their step children’s upbringing  frequently ask about their rights regarding their stepchildren. This is particularly relevant in situations when their partner works away for extended periods and crucial decisions need to be made.   

What rights do step parents have?

Parental Responsibility is legally defined as being all the “rights, duties, powers, responsibilities and authority which by law, a parent of a child has in relation to the child and their property.”

Step parents involved in the day-to-day care of their stepchildren and contribute financially to their upbringing, do not have any Parental Responsibility rights.

It is maintained by the children’s birth parents who have the authority to make decisions over their upbringing.

Can step parents obtain Parental Responsibility?

Yes. More than two people can have Parental Responsibility for the same child. Below are the options for step parents to obtain it.

Parental Responsibility Agreement

Step parents who are married to the birth parent who the child lives with can seek a Parental Responsibility Agreement, providing the children’s parents who hold Parental Responsibility give their written consent. The agreement is registered with the court.

Parental Responsibility Order

Married step parents can also apply to the Court for a Parental Responsibility Order in cases where a divorced parent is opposed to a step parent sharing Parental Responsibility.

The Court will examine key considerations such as the relationship between the step parent and the child along with the views of those with existing Parental Responsibility and any potential disruption the order could bring. It will only grant the order if it is in the child’s best interests. 

Child Arrangements Order

Step parents can also apply for a Child Arrangements Order – a legally binding order made by the Court to establish who a child should live with or spend time with .

Also aimed at ensuring the child’s well-being and best interests, the Court takes into account their wishes and feelings, particularly when they are older. It evaluates their physical, emotional, and educational requirements and the potential impact of any substantial changes in their circumstances. 

Adoption

Adoption is another way forward for step parents seeking Parental Responsibility. Our family law specialists can guide and advise you through this process to establish if this is the right way forward for your individual situation. We also collaborate with other agencies until the day the Adoption Order is made.

All the options highlighted above make step parents accountable for providing a home for their step children, protecting them and being responsible for their education, their medical needs and their property.

This is a complex area of law and seeking guidance from experts in our acclaimed Children’s Department is strongly recommended to receive appropriate advice tailored to your specific circumstances.

For advice on Parental Responsibility or any aspect of children law or family law, call us 0113 246 0055 (Leeds),  01423 276104 (Harrogate), or 01904 202550 (York) www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

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