Step parents and acquiring parental responsibility Since writing the book, a number of people have contacted me with questions specifically relating to step-parents' rights. Below, you'll find the answers. What is Parental Responsibility? The legal definition of Parental Responsibility is “All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property.” What does this mean in practice? In practical terms, having parental responsibility as a step-parent allows you to be involved in decisions relating to the child's schooling, medical treatment, religion, whether they can marry (if they are under the age of 18), and how the child is disciplined. Perhaps the most important day-to-day considerations related to medical treatment and how the child is disciplined. Were the child to be involved in an accident, and need medical treatment, were their other parents unavailable, you would not have the right to make decisions about how the child was treated in their absence. With regard to discipline, only an adult with parental responsibility may smack a child. For parties with parental responsibility there exists a defence in law of reasonable chastisement. For any other person, no such defence exists, and they could be charged with assault. How can I gain parental responsibility for my step-child? You can gain parental responsibility for your step-child in a number of ways and these are detailed below. Section 112 of the Adoption and Children Act 2002 amended the Children Act 1989 to include a new section 4A which introduces the concept of Step-parent Parental Responsibility by agreement between the parent(s) with parental responsibility and the step-parent of the child. It also provides for a step-parent to be able to apply to the court for an order for parental responsibility. Refer to: The Parental Responsibility Agreement (Amendment) Regulations 2005 The Adoption and Children Act 2002 - s.112 1. By being named in a Residence Order If you have a residence order (or are named in a shared residence order as a party to the order) in relation to the child, you automatically have parental responsibility. My husband/wife has a shared residence order/residence order for the child, doesn't this grant me shared residence? No. 2. By applying to the Court for a Parental Responsibility Order If the Court grants me a Parental Responsibility Order, does someone else lose their parental responsibility? No. More than one person can have parental responsibility for a child. If I'm granted parental responsibility under a parental responsibility agreement or order, do I automatically lose this if I divorce the biological parent? No. Matters relating to step-parent parental responsibility are set out in Section 4A of the Children Act 1989, which was brought in as an amendment in Section 112 of the Adoption and Children Act 2002. Under section 4A, a parental responsibility agreement or parental responsibility order may only be brought to an end by an order of the court following an application by either any other person with parental responsibility for the child, or the child themself if the Court grants them leave to apply and supports their application. Refer to: The Adoption and Children Act 2002 - s.112 Also refer to the next section on adoption. 3. By entering into a Parental Responsibility Agreement Does the mother automatically have parental responsibility? Yes. If all parties with parental responsibility have agreed to sign the agreement, what do we do next? Once you've completed the form (but not signed!), all parties who must sign must go along to either a Family Proceedings Court, County Court, or the Principal Registry of the Family Division to have it signed and witnessed. You will need to bring a copy of the child's full birth certificate, and photographic evidence identifying all of the parties who are to sign (ideally photo driving licenses or passports). You can gain parental responsibility for your step-child by entering into a voluntary, formal arrangement with all of the other people who have parental responsibility for the child. Does the other parent have to agree? All parties with parental responsibility must agree, although it may be the case that the child's biological father does not have parental responsibility. How do I know if the child's father has parental responsibility? The child's father will have parental responsibility if: · They were previously married to the child's mother, · If they weren't previously married to the mother, but jointly registered the birth of the child on or after 1 December 2003, · They have a residence order or a shared residence order in respect of the child, · They entered into a parental responsibility agreement with the mother, · They went to court and were granted a Parental Responsibility Order. The agreement must be signed in front of a Justice of the Peace (Magistrate), Justice's Clerk, or a Court Official who is authorised by the Court to administer oaths. You will have first needed to complete the form, and bring with it a copy of the child's full birth certificate. Refer to: The Parental Responsibility Agreement (Amendment) Regulations 2005 Is there a special form which must be used? Yes, you need to complete a Step Parent Parental Responsibility Agreement (PRA2). 4. By applying to the Court to formally adopt your step-child The effect of an Adoption Order is that it removes parental responsibility from every other party. Your spouse will also need to be a party to the adoption order as the law requires that married couples adopt jointly. If the child's other parent is still alive, how does adoption affect their relationship? The rights and parental responsibility of the other biological parent are removed (and those of any other party with parental responsibility), and given to the adoptiver(s). The child will no longer have any legal ties to the parties who lose parental responsibility and their extended family on that side. Could this affect the child financially? Yes. The adoptive child loses any right to maintenance or inheritance from the parent who isn't a party to the Adoption Order. If I apply to adopt my step-child, do I need to be approved by an Adoption Agency? No, but the Court will ask Social Services to prepare a report, to provide them with information about you and your family, whether alternatives to adoption are more appropriate, and whether adoption is in the child's best interests. Must the other parent agree? If the other parent has parental responsibility, yes, unless there are exceptional circumstances. My husband/wife has shared residence. As the children's step- parent, what rights do I have should my partner die, and how could I ensure I keep my relationship with the children? The important consideration in relation to whether you can apply to the Court (without asking the Court's permission to apply), is whether you had: · Been a party to a marriage where the children were a part of your family. Clearly if your partner had residence, or shared residence, this could be used to demonstrate such circumstances existed. The child's other parent doesn't want me to see them, what can I do? It's better for everyone if such things can be agreed without the need for an application to the court. If the biological parent stopped you from seeing your step child you could apply to the court for either contact or residence including shared residence (the legislation that applies is the Children Act 1989 Sections 10(5)(a), 10(5)(b) and Civil Partnership Act 2004 (CPA) Section 75. As a step parent, you have a right to apply for certain court orders in your own right, and these rights were extended to same sex couples under the Civil Partnership Act. Step-parents can also apply to the court for parental responsibility. Reasons you could give in the event of your partner's death to justify your application could include... · the children are used to living with you for part of the time (your having an SRO maintains the status quo), · if the children live with you during the week, a change in living circumstances may affect their choice of school and disrupt their education, · if your step child wanted such an arrangement to continue, · if the child has established relationships with your other children (if they have step brothers or sisters) and these would be adversely affected if the current residence arrangements were altered and this would be detrimental to the child, · the child will also have other relationships that need to be considered, including with you own parents, family friends, your partner's family. Refer to: The Children Act 1989 - Sections 10(5)(a), and 10(5)(b). The Civil Partnership Act 2004 - Section 75 |