09 June 2023
The legal definition of ‘step-parent’
In the UK, step-parents are individuals who have married one of the biological parents of a child.
Simply having lived with a biological parent for a substantial amount of time is not sufficient in itself. An individual may have assumed a traditional parental role for a child that’s not biologically theirs, but they only become a step-parent on marriage.
Parental Responsibility
Whether a step-parent has rights and responsibilities to their step-children depends on whether they acquired parental responsibility (PR) for the child during the relationship. PR is granted in one of three ways:
By agreement with all other individuals who already have PR and by the signing and registering of a Step-Parent Parental Responsibility Agreement
By adopting the child
By going through the courts and obtaining a court order.
PR gives individuals the legal right to make decisions regarding a child’s welfare, including decisions relating to medical, accommodation, and educational factors.
If a step-parent divorces the child’s biological parent, they have no automatic legal right to see the child unless they have officially adopted the child.
Having acquired PR while in a relationship with the biological parent will not change this, but it may have a positive impact if you decide to seek a court order that allows you to see the child.
Mediation
Before it goes to court, the biological parent and the step-parent are required to go to mediation in an attempt to resolve the issue. If no agreement is reached, the step-parent can seek the intervention of the courts.
Child Arrangements Order
For step-parents hoping to continue their relationship with their step-child, the most useful legal tool is a Child Arrangements Order. These determine where the child lives and with whom they spend their time. The Judge will take all relevant circumstances into account before making a decision.
Financial responsibilities
The Child Maintenance Service cannot require a step-parent to pay maintenance for a step-child but the Courts could determine that the step-parent needs to cover some costs.
If the step-child was raised as if it were part of a new family – consisting of the step-parent, biological parent, and any children, step-parents may have to make monthly maintenance payments, provide them with a place to live, or cover certain living costs. This will depend however on the circumstances of the case.
Conclusion
Step-parents will not automatically be entitled to see their step-children. However, it is possible to gain access to your step-child through mediation or a Child Arrangements Order. Step-parents may have financial obligations to their step-children after a divorce.
For more information, please contact our experienced Family lawyers based at our Bournemouth and Christchurch offices.
Please note this is not legal advice. It is intended to provide information of general interest about current legal issues.
