Child Arrangements Orders (CAOs) stipulate where a child will live, who they spend time with and for how long. Typically they are used to regulate living and contact arrangements for children after their parents separate.
Only certain categories of people can apply for CAOs automatically, without having to get the court’s permission. These people are:
- Parents
- Guardians
- Individuals with parental responsibility
- Step-parents with parental responsibility
- Anyone with the consent of those with parental responsibility
Others with a connection to the child, such as grandparents, first need the court’s permission to apply for a CAO.
In this article we look at the position of step-parents and how they can apply for a court order that will allow them to spend time with their stepchildren.
What is a step-parent?
Legally a step-parent is someone who is married to or in a civil partnership with a child’s natural parent, No matter how long-term a relationship is or how close the relationship is between the partner of a biological parent and that parent’s child, if the partners are not in a legally recognised union there is no step-parent status. This means if a relationship with a biological parent breaks down, none of the rights accorded to a step-parent in relation to the children of that birth parent will apply. With no ability to apply for a CAO, maintaining any kind of relationship with the children of a former partner will prove difficult.
How does a step-parent get parental responsibility?
As we’ve seen the concept of parental responsibility (the right to make decisions about a child’s upbringing) is fundamental to a non-biological parent’s ability to seek a CAO. So if you are a step-parent, how do you acquire parental responsibility for your partner’s biological children?
Firstly it’s important to note that a step-parent does not get parental responsibility when they marry the biological parent. Instead it is acquired in the following ways:
- By signing a parental responsibility agreement with all those who have parental responsibility
- By successfully applying to court for a parental responsibility order
- Through adoption of the child
- When the step-parent is named in a CAO as someone with whom a child should live or spend time with (the order will specify that the step-parent has parental responsibility).
Once parental responsibility is acquired the step-parent has the same rights and duties in relation to the child as the birth parent.
How does a step-parent apply for a child arrangements order?
A step-parent who wishes to be the resident parent (or who wants a child for whom they have parental responsibility to spend time with them) should always try to agree matters with everyone else who has parental responsibility. If this is not possible they can apply for a CAO. When deciding what arrangements to put in place for a child the courts paramount concern is the welfare of the child. What arrangements are in the best interests of him or her? In applications made by step-parents the courts look at the welfare checklist used in every child arrangement application and apply it to the facts of the case. The checklist includes matters such as:
- The ascertainable wishes and feelings of the child in light of their age and understanding
- Their physical, emotional and educational needs
- The likely effect on them of any change in circumstances
- Their age, sex, background and any individual characteristics which may be relevant
- Any harm they have suffered or are at risk of suffering
Comment
While there will always be cases where the direction of a family court judge will be necessary, with matters involving children it is usually preferable to seek to resolve issues away from court. This includes cases where step-parents wish to spend time with stepchildren or have those children live with them. At Brookman we are members of Resolution, and we work hard to find constructive resolutions to disputes about where children should live following separation and divorce. We do this by encouraging as non-confrontational approach as possible.