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STEP-PARENTS ’ RIGHTS ON DIVORCE
MORE THAN TEN PER CENT OF HOUSEHOLDS WITH DEPENDENT CHILDREN IN THE UK ARE STEP FAMILIES , WHICH REPRESENTS A SIGNIFICANT PROPORTION OF THE POPULATION . HOWEVER MANY STEP-PARENTS ARE UNAWARE WHAT RIGHTS AND RESPONSIBILITIES THEY HAVE , IF ANY , IN RELATION TO THE CHILDREN OF THEIR SPOUSE , PARTICULARLY SHOULD THE RELATIONSHIP BREAK DOWN . HERE LAWYER CLAIRE TOLLEFSON FROM LAW FIRM CRIPPS , EXPLAINS THE ISSUES .
What is a step-parent ? In order to be a step-parent , the man or woman must be married to one of the child ’ s biological parents . They do not become a step-parent simply by living with their partner , no matter how long for . They must be married to them .
What rights do step-parents have ? A key misconception is that of parental responsibility . Parental responsibility means all the rights , duties , powers , responsibilities and authority that a parent of a child has in relation to a child by law . It confers a right to make decisions for the child , including decisions in relation to accommodation , education and medical treatment .
Step-parents do not automatically acquire parental responsibility upon marriage to the parent of a child . This means that while they often form a very close relationship to a child , and may contribute greatly to its upbringing , they do not have the right to make decisions for that child . They could not , for example , legally give consent for medical treatment .
Step-parents can obtain parental responsibility by agreement with the other persons with parental responsibility , by obtaining a court order , or by adopting the child . Once parental responsibility is obtained it can only end by court order , or when it automatically expires when a child is 18 .
What are the financial consequences of divorce ? There are often specific financial issues to consider in relation to provision for children . While the Child Maintenance Service ( CMS ) can ’ t seek payment of child maintenance from a step-parent , the court can require a step-parent to provide continuing financial provision for a child if the child was treated as ‘ a child of the family ’ – which essentially means they were treated as if they were the child of both their biological parent and their step-parent . The step-parent could be ordered to pay monthly maintenance to support the child , pay a lump sum for a specific item , pay school fees , or provide a property for the child to live in while in their minority . When deciding whether to make an order , the court would look at a wide range of factors , including the financial needs of the child , whether the step-parent has assumed responsibility for the child ’ s maintenance and in doing so knew the child was not their own , and the liability of any other person to maintain the child .
If you have any questions or concerns about the legal rights of stepparents on divorce or any other queries around family relationships , please contact Claire Tollefson on 01892 506191 or at claire . tollefson @ cripps . co . uk .
What happens if the relationship with the parent ends ? A significant concern for step-parents is how they are going to maintain the close relationship that they had with a child when they are no longer with the child ’ s parent . A step-parent doesn ’ t have an automatic right to see a child who is not biologically theirs , unless they have adopted them .
If it is not possible to reach an agreement with the child ’ s parent as to how the relationship should continue and develop , either directly or in mediation , a step-parent can apply to court for a Child Arrangements Order , which specifies where a child is to live and who they are to spend time with – previously known as ‘ residence ’ and ‘ contact ’. Depending on the circumstances , the court ’ s permission may be required prior to making such an application . www . cripps . co . uk @ crippslaw
About Cripps
Cripps is a key regional law firm serving clients nationally and internationally from offices in Kent and London . Recognised countrywide for both its commercial and private client work , Cripps is ranked in the Top 25 Private Client Law Firms . The firm focuses on wealthier families , entrepreneurial businesses and the real estate sector .
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This article gives examples and is intended for general guidance only .
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