UK Step-parent Rights and Child Arrangement Orders

Posted onOctober 10, 2022

In the UK the nature of families and their dynamics are changing with increased numbers of unmarried relationships as well as a rise in second and third marriages. With these relationships, it is common for step-parents to ask what rights if any, they have for their step-children either during the relationship or at its end. In this article, our family law solicitors look at step-parent rights and child arrangement order applications.

Online and London Family Law Solicitors

For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form .

Step-parent resolutions

Many step-parents, by choice or need, end up providing a lot of day-to-day child care for their step-children. This can lead to friction in families with children telling their step-parent that they can't tell them off as they aren’t their mum or dad. It can also lead to tension with the child’s biological parent who isn’t living with their child and who resents the close relationship between the child and step-parent and uses their resentment to fester grievances and create an acrimonious atmosphere at contact handovers.

These problems frequently lead to step-parents wanting to know their legal rights over their step-children. Children law solicitors say that whilst rights are important, if possible, it is best to try and sit down with the aggrieved biological parent so they understand that there is more than enough room for everyone to play a meaningful role in the child’s life. If direct discussions won't work then potentially family mediation may help resolve tensions. In family mediation, the family mediator can help you draw up an agreed parenting plan.

If you don’t think that mediation will help in your situation then family law solicitors say that in some cases a letter from a family lawyer is sufficient to sort things out. If things are more complicated or entrenched a roundtable meeting with your family law solicitors can help you to thrash things out.

The definition of a step-parent

To understand step-parent rights we first need to look at whom the court treats as a step-parent because although you may be in a long-term relationship with a partner who has a child, you may not legally be classed as the child’s step-parent despite your close your relationship to your step-child.

In English children law you have to be married or have been married or in a civil partnership with the child’s biological parent to be classed as a step-parent. If you are in an unmarried relationship, whatever its length, you don’t fall within the legal definition of a step-parent.

Step-parents and parental responsibility for step-children

Parental responsibility gives parents (and other adults granted parental responsibility for the child) rights and responsibilities for the child.

All mothers have parental responsibility for their children as do all biological married fathers. Most unmarried biological fathers have parental responsibility for their children if they are named on the child’s birth certificate or if they acquire parental responsibility by agreement or court order.

A step-parent can get parental responsibility for their step-child if:

A parental responsibility agreement is signed by all the adults who have parental responsibility for the child. The people with parental responsibility for the child are normally the child’s mother and the child’s biological father
A court makes a parental responsibility order on an application to the court for parental responsibility by a step-parent.
A court makes a child arrangement order that says the child should either live with the step-parent or with the step-parent and a biological parent or another person
The child is adopted by their step-parent

Applying for a child arrangement order as a step-parent

A child arrangement order is an order that specifies where a child should live and the amount of time they should spend with other named persons, such as a biological parent, separated step-parent, or other relatives. A step-parent may need a child arrangement order in a variety of circumstances, such as:

They have separated from the child’s biological parent and the parent is refusing contact despite the previously close relationship between step-parent and child
Their husband, wife, or civil partner has passed away and there is a dispute over the arrangements for the child. For example, if the child should stay with the step-parent or move to live with their surviving biological parent or with their grandparents

A step-parent can apply for a child arrangement order if they:

Have parental responsibility for their step-child by a parental responsibility agreement or parental responsibility court order or
Already have a child arrangement order that says the child should live with them or who has parental responsibility via the child arrangement order or
Are a person in a marriage or civil partnership where the step-child is a child of the family or
Have the agreement of the local authority if the step-child is in the care of the local authority or
If the step-child has lived with them for a period of three years

If you are a step-parent and you are not sure if you can apply for a child arrangement order, call our specialist family law solicitors on 0203 959 9123.

If you don’t fall into any of the above categories or if you were in an unmarried relationship with the child’s biological parent you will, first of all, need permission from a family law judge before you can apply for a child arrangement order.

Will the court make a child arrangement order in favour of a step-parent?

When deciding whether a step-child should live with a step-parent or have ongoing contact with them after a separation or divorce the court will assess what orders are in the child’s best interests after considering a range of statutory factors referred to as the welfare checklist. For example, the court will consider the wishes of the step-child in light of the child’s age and understanding.

A children law solicitor will be able to review your circumstances and advise on the prospects of making a successful child arrangement order application and be able to represent you in your child arrangement order application.

Online and London Family Law Solicitors

For children law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form .

What is a parenting plan?

What happens in a Children Family Court hearing?- Getting a Child Arrangement Order