How Step Parents Can Obtain Parental Responsibility
Anthony Parrish, a Partner in the Children’s Department of Jones Myers niche family law firm, explains how step parents who are involved in the day-to-day care of their stepchildren and contribute financially to their upbringing - do not have any Parental Responsibility rights.
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.”
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 family law experts such as Jones Myers is highly recommended.
ABOUT ANTHONY PARRISH
Anthony’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to childen law.
A member of Jones Myers internationally renowned Children’s Department, Anthony deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.
His expertise also encompasses international child abduction cases and same sex relationship issues.
Jones Myers Harrogate office is located at 5 Victoria Avenue, HG1 1EQ, www.jonesmyers.co.uk
For queries on all aspects of divorce and family law, call 01423 276104.
