In this series we are talking about parental responsibility. For more information on what parental responsibility is, please see the first article in this series.
As a step-parent, do I have parental responsibility for my step-children?
Step-parents do not automatically have any parental responsibility for their step-children.
However, parental responsibility can be obtained (for differing durations and to differing extents) if:
- You are married to or in a civil partnership with a parent who has parental responsibility for your step-children and you enter into a parental responsibility agreement. This agreement would need to be signed by not only you and your spouse or civil partner but also by any other parent who has parental responsibility for your step-children. It is worth noting here that fathers do not always have parental responsibility for their children.
- You are married to or in a civil partnership with a parent who has parental responsibility for your step-children and the Court makes an order giving you parental responsibility.
- The Court makes a Child Arrangements Order that your step-children live with you (this could be a joint live with order that the children live with both you and their parent).
- The Court makes a Child Arrangements Order that your step-children spend time with you and that that you have parental responsibility.
- You adopt your step-children.
Do I have a right to continue to see my step-children following separation?
No. Step-parents without parental responsibility for their step-children do not have any automatic legal rights to see or spend time with their step-children. Parents can exercise their parental responsibility and make decisions as to who their children see and spend time with. Parents are under no legal obligation to facilitate their children maintaining a relationship or having contact with their step-parent following separation.
I’m being denied contact with my step-children following separation, is there anything I can do?
Yes. Step-parents can make an application to Court for a Child Arrangements Order (an order setting out the time their step-children spend with them). However, step-parents without parental responsibility for their step-children may need permission from the Court for this application to proceed. In deciding whether to grant permission the Court will consider the following:
- The nature of the application (in other words, what order are you asking the Court to make, the Court may, for example, consider how often you are asking to see the child).
- Your connection with the child (the Court can consider the contact you had with the child before contact was stopped).
- Any risk that the application may disrupt the child’s life to such an extent that they would be harmed by the application.
There are certain circumstances in which step-parents do not need the Court’s permission to make an application for a Child Arrangements Order (for example, if your step-children have lived with you for a set amount of time). We can provide advice on whether you will need permission and whether permission is likely to be granted based on the specific facts of your case.
Even if you get permission for your application to proceed, there is no guarantee that the Court will make an order that your step-children spend time with you. The Court will consider what is best for the child taking into account the welfare checklist (which is set out in the Children Act 1989).
It may be that the matter can be resolved without issuing Court proceedings. Our Children team can advise you on the steps that you can take to try and resolve the matter before issuing Court proceedings.
This article is part of a series on Parental Responsibility. If you would like to learn more about Parental Responsibility, please click here for the full series.