We often get questions from step-mothers and step-fathers regarding their rights to step children.
In this article, Family Partner Andy Stynes answers some of these questions and discusses step-parent’s parental responsibility.
What rights do step-parents have?
Some of the most common questions we get from step-parents, are queries around their rights to make decisions on a child’s education, medical care and living arrangements.
All three of these decisions can be made by people with parental responsibility to the child.
What is parental responsibility?
Parental responsibility is defined in section 3 of the Children Act 1989 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 his property”.
Examples of exercising parental responsibility include (but are not limited to):
- Consenting to or obtaining appropriate medical care for the child;
- Naming the child;
- Ensuring that the child receives the appropriate education for their age; and
- Where the child should live.
Does a step-parent have parental responsibility?
A step-parent does not automatically have parental responsibility. But there are ways for step-parents to attain parental responsibility, which we outline later in this article.
Do married step-parents have parental responsibility?
Contrary to popular belief, married step-parents do not automatically have parental responsibility.
As a step-parent, you won’t gain parental responsibility simply by marrying the parent with parental responsibility.
However, and again, there are ways for step-parents to gain responsibility…
How to get parental responsibility
There are a number of ways in which a step-parent can obtain parental responsibility for their step-child. These are set out below:
Parental Responsibility Agreement
If the step-parent marries the child’s parent (who has parental responsibility) then the step-parent can enter into a parental responsibility agreement with each person who has parental responsibility for the child.
Court Application
If the step-parent cannot acquire agreement from all persons with parental responsibility, then the step-parent can apply to court to deal with this specific issue.
However, by applying to the Court, you do not automatically obtain parental responsibility, your application will be heard by the Court and all persons with parental responsibility for the child will be involved.
Ultimately, the Court will decide whether it is in the child’s best interests for parental responsibility to be granted to the step-parent.
Child Arrangements Order
Another way is if a step-parent obtains a Child Arrangements Order in which the step-parent is named as the person with whom the child lives with.
This way, parental responsibility will automatically be granted to that person for as long as the Order remains in force.
Find out more about Child Arrangement Orders and why you might need one here.
Specialist Family Solicitors
If you have any questions following this article, please don’t hesitate to get in touch with our bright Family Team.
We’d be happy to assist you in applying for a Child Arrangements Order, represent you in Court or provide advice on any other family matter.
Call us on 01202 499255, or fill out the form at the top of the page, for a free initial chat.
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