Unmarried cohabitees have been the fastest-growing demographic for relationships in the UK for some time. Often these relationships involve one party having previously been married who has children, or parties getting together where one of them has a child from a previous relationship.
In many instances, these can be very young children and so if a relationship lasts for a long time, this can lead to a strong relationship and bond being formed between the children and the non-biological parent of the relationship. Therefore, when these relationships end it can cause a lot of upset and also concerns about what rights the non-biological step-parent has to have contact and maintain a relationship with children they have treated as their own and helped to bring up, maybe for a number of years.
Step-parents and parental responsibility
When first getting together, the thought of how much responsibility, or how much input a step-parent can have in a child’s life may not even be a consideration. However, the longer a relationship lasts, the more important this may become. This is the point at which parental responsibility may have to be discussed.
Parental responsibility is concerned with the care and upbringing of a child until they grow up.
Parental responsibility means all the rights, duties, powers, responsibilities, and authority that, by law, a parent has in relation to their child. This means having a say in all of the important decisions in a child’s life, such as schooling, medical treatment, etc. Therefore, parental responsibility may become something that parties feel step-parents ought to have.
Acquisition of parental responsibility by step-parents
Under the Children Act 1989, where a child’s parent who has parental responsibility is married to (or is the civil partner of) a person who is not the child’s parent then both parents with parental responsibility may enter into a parental responsibility agreement with the step-parent, which would then give the step-parent parental responsibility.
In addition, on the application of the step-parent, the Court may order that the step-parent have parental responsibility.
Additionally, step-parents may also acquire parental responsibility by:
- Obtaining a Child Arrangements Order (CAO) in which they are named as a person with whom the child is to live. They then have parental responsibility while the Order remains in force so far as providing for the child to live with that person.
- Obtaining a CAO in which they are named as a person with whom the child is to spend time or otherwise have contact, but they are not named as the person with whom the child is to live. In those circumstances, the Court may provide in the Order for the person to have parental responsibility for the child while the provisions in the Order continue to be met in that person’s case.
- Becoming the child’s guardian.
- Being appointed as a special guardian
Right to contact after separation
When a relationship ends, especially where a bond and relationship has been formed between the children, the issue of contact between the children and the step-parent becomes an important factor.
In most cases, the issue of contact is resolved between the separating parties, especially where parental responsibility has been given to the step-parent, as it is recognised that it is in the children’s best interests for a relationship to be maintained.
However, if the biological parent is not agreeable to contact taking place, then the step-parent will need to make an application to the Court for a CAO to determine how much time, if any, the children spend with them.
It is important that step-parents get legal advice as quite often they are not aware of the rights they have, or indeed the children’s right, for them to have contact and maintain a relationship. Frequently, they feel that they have no right to make an application to the Court, or that they may need permission from the Court to make an application.
However, step-parents who have parental responsibility by virtue of a parental responsibility agreement (as referred to above) are entitled to make an application without permission of the Court.
Where there is no parental responsibility
There are of course relationships where parental responsibility has never been discussed or considered and these have been long relationships where a step-parent has helped raise a child.
There are circumstances where a step-parent who does not have parental responsibility can make an application to the Court for a CAO without requiring permission from the Court to do so.
Anyone with whom the child has lived for a period of at least three years does not need permission from the Court to make an application for a CAO. This period need not be continuous, but must not have begun more than five years before, or ended more than three months before, the making of the application.
Where parental responsibility has not been obtained, and where the step-parent has not lived with the children for more than three years, then they would first need to apply to the Court for permission to make an application for a CAO for contact with the children. When deciding whether or not to grant permission, the Court must have particular regard to:
- The nature of the proposed application; and
- The applicant’s connection with the child.
Any risk there might be of that proposed application disrupting the child’s life to such an extent that they would be harmed by it.
Therefore, in shorter relationships, it may be harder to satisfy the Court that an application is in the best interests of the child.
However, in long relationships where the step-parent has acquired parental responsibility, or if not, has quite clearly been a part of the child’s life for a significant period of time and clearly played an important role in their upbringing, the Court is more likely to give very serious consideration to an application.
Importance of step-parents obtaining legal advice
Modern-day society has seen marriages last far shorter than ever before, and also been a rise in unmarried couples having long relationships without ever getting married. These frequently lead to couples entering relationships where one party already has children. These relationships can then last for significant periods of time where the step-parent and the children form close bonds and relationships.
Step-parents sometimes do not realise exactly what rights both they and the children have for maintaining those bonds and relationships. It is therefore imperative that in situations where step-parents have helped raise and have been part of non-biological children’s lives for many years that they get legal advice at the earliest opportunity.
How can Nelsons help?
If you have any questions in relation to the subjects discussed in this article or any related topics, please contact Melanie Bridgen (Partner) or another member of the Family Law team, in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
Melanie or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
Contact Us