Step
parents and acquiring parental responsibility
The Custody Minefield Factsheets – Smartphone Series (optimised for
smartphone users). Copyright Michael Robinson 2010. Crown Copyright material is reproduced with the
permission of the Controller of HMSO and the Queen's printer for Scotland.
Contents
What is
Parental Responsibility?
What does this
mean in practice?
How can I gain
parental responsibility for my step-child?
1. By being named in a Residence Order
2. By applying
to the Court for a Parental Responsibility Order
What form should I use if applying to the
court?
3. By entering
into a Parental Responsibility Agreement
Does the
mother automatically have parental responsibility?
If all
parties with parental responsibility have agreed to sign the agreement, what do
we do next?
Does
the other parent have to agree?
How do I know
if the child's father has parental responsibility?
Is there a
special form which must be used?
4. By
applying to the Court to formally adopt your step-child
If the
child's other parent is still alive, how does adoption affect their
relationship?
Could
this affect the child financially?
If I apply to adopt
my step-child, do I need to be approved by an Adoption Agency?
The child's other parent
doesn't want me to see them, what can I do?
What is Parental Responsibility? <Back to top>
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? <Back to top>
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, and in the absence of your holding parental responsibility, you
would not have the right to make decisions about how the child was treated.
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? <Back to top>
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.
You can gain parental
responsibility for your step-child in a number of ways and these are detailed
below.
1. By being
named in a Residence Order <Back to top>
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? <Back to top>
No.
2. By applying to the Court for a Parental Responsibility Order <Back to top>
If the Court grants me a Parental
Responsibility Order, does someone else lose their parental responsibility? <Back to top>
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? <Back to top>
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.
What form should I use if applying to the court? <Back to top>
You need to complete
a Form C1.
3. By entering into a Parental Responsibility Agreement <Back to top>
Does the mother automatically
have parental responsibility? <Back to top>
Yes.
If all parties with parental
responsibility have agreed to sign the agreement, what do we do next? <Back to top>
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? <Back to top>
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? <Back to top>
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.[1]
Is there a special form which must
be used? <Back to top>
Yes, you need to
complete a Step
Parent Parental Responsibility Agreement. For lesbian partners of mothers,
there is a different
form.
4. By applying to the Court to formally adopt your
step-child <Back to top>
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? <Back to top>
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? <Back to top>
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? <Back to top>
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? <Back to top>
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? <Back to top>
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? <Back to top>
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.
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