Sean Gould
The issue of parental responsibility for step-parents is increasingly important in modern family life. Step-parents often play a significant role, whether as a primary carer or as part of a blended family sharing responsibilities.
This raises key questions:
- When can a step-parent apply for parental responsibility (PR)?
- Should they apply?
- What legal options are available?
When Can a Step-Parent Apply for Parental Responsibility?
The starting point is section 4A of the Children Act 1989, which sets out when a step-parent can obtain parental responsibility.
A step-parent may acquire PR if:
- They are married to, or in a civil partnership with, a parent who has parental responsibility
- The parent (or both parents, if both have PR) agrees to grant PR
- The court grants parental responsibility following an application
A parental responsibility agreement or order can only be ended by a court.
Key Legal Point
A step-parent can only apply for PR while they are married to or in a civil partnership with a parent who has PR.
This creates a limitation. If the relationship ends, the step-parent loses the ability to apply under this route, even if they played a major role in the child’s life.
Case Law Guidance on Step-Parent PR
In Re R (Parental Responsibility) [2011], Peter Jackson LJ clarified that:
Step-parent PR is typically intended for someone entering a child’s life and helping raise them alongside a parent.
This reinforces that PR is generally forward-looking and tied to an ongoing family unit.
What Does the Court Consider?
When deciding whether to grant parental responsibility, the court considers:
- The child’s welfare
- The “no order” principle
- The welfare checklist (as guidance, not strictly binding)
In Re M (A Child) [2013], the court highlighted key factors:
- The applicant’s commitment to the child
- The level of attachment between them
- The reasons for applying
- Whether parental responsibility would be used appropriately
- Whether granting PR is in the child’s best interests
If commitment and attachment are clear, the court will usually favour granting PR unless there is strong evidence against it.
What Happens if the Relationship Ends?
If a step-parent is no longer with the parent who has PR, the situation changes.
They can no longer rely on section 4A, but they may still apply under section 10 of the Children Act 1989.
Applying for a Child Arrangements Order
Under section 10, certain individuals can apply for a child arrangements order, including:
- Parents or guardians
- Individuals with PR
- Those named in an existing order
- Former spouses or civil partners where the child is part of the family
- Individuals the child has lived with for at least three years
A step-parent who does not fall into these categories must apply for permission (leave).
Applying for Leave: What the Court Considers
When deciding whether to grant permission, the court looks at:
- The nature of the application
- The applicant’s connection to the child
- The risk of disrupting the child’s life
- Local authority plans (if applicable)
- The wishes and feelings of the parents
This is not a strict test, but a set of guiding factors.
As confirmed in Re B (2012), the court will also consider whether the proposed application has a realistic prospect of success.
Important Legal Distinction
The paramount welfare principle (section 1 of the Children Act 1989) does not apply when deciding whether to grant permission.
It only applies once the court is making decisions about the child’s upbringing.
Can a Step-Parent Still Get Parental Responsibility?
Yes, in certain situations.
Under section 12 of the Children Act 1989:
- A step-parent named in a “live with” child arrangements order will automatically gain PR
- This PR lasts only while the order remains in force
Under section 12(2A):
- A step-parent with a “spend time” order may also be granted PR, if the court decides it is appropriate
Key Takeaway: Do Step-Parents Have Rights?
Although the process becomes more complex after a relationship ends, a step-parent is not without options.
If they can demonstrate:
- A meaningful role in the child’s life
- A strong connection and commitment
They may still be able to obtain parental responsibility through the court.
Conclusion
Parental responsibility for step-parents depends heavily on the family structure and timing of the application.
While it is easier to obtain PR during a relationship with a parent, the courts recognise that step-parents can play a vital role in a child’s life.
Even after separation, the legal system provides routes for step-parents to remain involved, provided it is in the child’s best interests.
This is a summary of an article is by Ben Butler, a member of the Westgate Chambers Family Law team. Ben specialises in private children work, domestic abuse, non-molestation and occupation orders, and all matters in relation to family finance. If you’d like to discuss a case with Ben, please contact Westgate Chambers clerks.
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