Child Custody & Contact

Parental alienation is one of those topics that parents do not like to talk about. Many parents feel embarrassed if they are prevented from seeing their child after a separation or divorce. Parents worry that others will judge them, assuming that they must be at fault if they cannot see their children.   Lots of people assume that if parental alienation has taken place the parent who is not having contact with the children must have done something ‘’bad’’. However, the definition of parental alienation is one parent turning the mind of a child against the other parent and the child’s negative view of the parent not being justified by any parental behaviour but because of the deliberate or unintentional psychological manipulation of the child.   Top tips on how to deal with parental alienation Sometimes it is obvious to everyone involved with a child, from family to schoolteachers and health professionals, that parental alienation is taking place. In other families, the process is more subtle but just as insidious. For parents who fear parental alienation is taking place there are some tips on how to deal with parental alienation and maintain a relationship with your child. As a specialist Cheshire children solicitor who advises parents in high conflict court cases, I recommend that you:  Take legal advice quickly If you think, your ex-partner or former husband or wife is talking inappropriately in front of your child and that is creating tension in the relationship between you and your child it is important to act quickly.  If you wait then the situation may get to the stage that the child is so alienated that they say that they do not want to have contact with you. If you are not able to speak to your former partner direct then you could try speaking to a family member or you could suggest a referral to family mediation or to family counselling. If those options do not solve the difficulties, do not delay in taking legal advice and looking at the option of applying for a child arrangements order. If you delay in taking action then if the parental alienation behaviour continues it will become harder to resolve the situation and repair the psychological damage experienced by your child. Do not blame the child It is normal to think ‘’my daughter is behaving just like her mother’’ or to say ‘’ the apple does not fall far from the tree’’. When a child is playing up or refusing to speak to or see you, it is easy to transfer your frustration with the situation onto the child. After all, why can't your child stand up for themselves and demand more contact with you or why can't they at least look cheerful when they do see you. As frustrating as it is, blaming a child or showing your exasperation with the situation is likely to make the situation worse. Do not blame the parent When you get frustrated about parental alienation, it is easy to think that the solution is to tell your side of the story. In the process, you are likely to denigrate the other parent, and that is likely to make your child more insecure and anxious, and less inclined to have contact.  Do not walk away The statistics of how many parents lose contact with their children after a separation or divorce is appalling. Many of those cases do not involve parental alienation but nonetheless it is sometimes easy to think that your child would be ‘’better off’’ without you. Most children law professionals believe that a child needs and deserves a loving relationship with both parents, even if that has to be achieved through the making of a child arrangements order. Find time for other things in your life If you experience parental alienation, it is easy to obsess on your ex-partner and their behaviour. By doing that you can play into their hands. It is important that you find time to enjoy other aspects of your life during any children court proceedings. What will the court do if it thinks that parental alienation has taken place? If you make an application for a child arrangements order the court will carefully consider whether contact is in your child’s best interests. If a child is saying that they do not want contact because of parental alienation, the court can take some proactive steps to try to help you build a relationship with your child. In extreme situations, where a judge finds that the parental alienation has caused emotional harm and that the primary carer dos not understand the damage created by their actions, the judge can make an order to change the primary carer of the child. How can Evolve Family Law help you?   Evolve Family Law is a niche family law firm with offices in Cheshire and Whitefield, Manchester. Evolve Family Law solicitors provide advice on all aspects of family law. Our solicitors at Evolve are specialists in children or family finance law.   Whatever your children or family law concern, Louise Halford and the children law team at Evolve Family Law solicitors will work with you to help you reach a solution. To contact Louise Halford call her on +44 (0) 1477 464020 or email her at louise@evolvefamilylaw.co.uk

Most of us are gearing up to the school summer holidays, closely followed by the annual holiday to the sun with the children. Whilst the majority of us will not forget the children’s swimsuits or sun screen as we are rushing off to the airport , many separated or divorced parents will forget the ‘’holiday rules’’ when setting off on holiday with their children . Therefore, Evolve Family Law have put together this short guide to holidays abroad with children after separation or divorce. A Guide To Holidays Abroad With Children After Separation Or Divorce 1. Agreement to the holiday If you are a separated parent, you may think that no one can dictate what you do with your children during the time you get to spend with them. However, unless you have a child arrangements order that says the children live with you, it is necessary to have either your former partner’s written agreement to the holiday abroad or a court order giving you permission to take the children abroad on holiday. 2. Be prepared If you know that you need your ex-partner’s agreement to take the children abroad on holiday then be prepared and plan in advance so you have time to agree school summer holiday dates and get agreement in writing to your planned trip abroad. If you cannot get your ex-partner’s agreement then it still pays to be organised. That is because an application will need to be made to court to secure an order to give you permission to take the children abroad on holiday. 3. Take the paperwork With luggage allowances on some aeroplanes it can be tempting to only pack the essentials. However, evidence of your former partner’s agreement to your taking the children abroad on holiday is one of those essentials. You do not need reams of paperwork, a court order or the agreement is sufficient. Even if you do not take the agreement document with you, then as a minimum you should take a text or message confirming the agreement to the overseas holiday. Why? You may take the view that as your ex-partner has been brilliant about agreeing to your taking the children for a week abroad you do not need to burden yourself with extra paperwork. However, even if your ex has not alerted the airport police to a possible child abduction (yes, it does happen just as in the films) an airport official may start to ask questions if children are travelling abroad with one parent, especially where parent and child have different surnames. Airport officials are not there to trap travelling dads but to spot children being trafficked into or out of the UK. Whilst we can all understand the vital work officials do it is not pleasant to be caught up, with your children in tow , in delays at the airport because you did not take the paperwork with you . If you have a different surname to your child, you can think about taking a copy birth certificate or change of name deed, just in case questions are asked. 4. Communicate You may think that your ex-partner worries unnecessarily. They may well do. However, parents do worry if their children are abroad, even if they are with their mum or dad. The parent who is waiting for the children’s return to the UK may be panicking if they have not had a text from the children or if the flights are delayed. A quick message can not only avoid a fraught reunion between children and parent but can also avoid a parent refusing to agree to your taking the children away abroad again. [related_posts] If you need legal assistance with applying to take children abroad or advice on existing childcare arrangements or court orders then please contact us

When a relationship breaks down parents need to reach an agreement on contact arrangements for their children. If they cannot do so, a family court judge can make a child arrangements order settling with whom the child should live and the contact arrangements. Child law advice can help parents avoid child arrangements order court proceedings by helping them reach an agreement. Agreeing child contact after separation or divorce Most of us like to think that if we were to split up from our partner we would still be able to communicate over the kids and sit down and sort out contact. However many separated or divorced couples find it hard to reach agreement on contact. They often need child law advice to help them reach a resolution and avoid court proceedings. Some parents worry about asking for children law advice, thinking that a solicitor will just recommend making an application to the family court for a child arrangements order to sort out residence and contact. The reality is that not all children law solicitors are like that. Most good children law solicitors will help a parent look at the contact options by considering contact from your ex-partners or child’s perspective, looking at the practicalities of what you both want, and advising on the sort of child arrangements order that a court might make if either you or your ex-partner were to make a court application. Shared care and equal parenting You may think that there is only one contact arrangement that will work for you and your family. Perhaps you know other separated families and the children all live with one parent with the other parent has alternate weekend contact. If your ex-partner wants to share the care of the children, and you do not know any other separated families that do that, their proposals can seem unworkable. However, parents can agree to and courts can order shared parenting of children. Shared care does not have to mean that children spend an equal amount of time with each parent. Shared care can involve overnight mid-week contact and the sharing of school holidays. Often the question of whether shared care and specific proposed contact arrangements will work for a family will hinge on practical considerations. For example, the distance of the school commute from both parent’s homes and both parent’s ability to communicate over mundane items, such as whether the school homework has been done or the washing and the handover of the school PE kit. A good children law solicitor can act as both a sounding board for shared care and contact proposals as well as advising on what a court is likely to order, after assessing your child’s needs and the family circumstances. Whilst parents always know their child’s needs best if it comes to court proceedings a judge will carry out their own assessment and make a child arrangements order. That is why good children law solicitors recommend trying to agree contact after a separation or divorce so parents remain in control, rather than the court.   Shared parenting – a campaign for law reform Campaigners are asking the government to change child custody law so there is a legal presumption that in every case where a mother and father separate or divorce, the mother and father will share the parenting of their children. Campaigners are calling for the start point when sorting out custody of children after a separation or divorce to be that children should spend roughly an equal amount of time with their mother and father. The campaign is supported by a recent YouGov survey in favour of shared parenting. Eight out of ten of the two thousand people who took part in the survey agreed that there should be a presumption of shared parenting after a separation or divorce unless the family situation meant there was a proven risk to the child of joint custody. [related_posts] Legal advice for child custody Manchester child custody solicitors say it is important that parents who want to agree contact after a separation or divorce take legal advice on child custody and contact. That is because communication between parents in the early days after a separation or divorce, can make a vast amount of difference to what contact arrangements can be agreed or the court is prepared to order. Child custody solicitors know that when it comes to either agreeing contact or asking a family judge to make a child arrangements order the presentation and preparation of your proposals is the key to success. In the future, for those parents who want to share the care of children after a separation, making the case in court for shared parenting may become easier if the government makes changes to child custody law. In the meantime, parents need a child custody solicitor who will listen to what they want and advise on the best way of agreeing contact after separation or divorce. For legal help agreeing contact or on any aspect of children law please contact us

If a parent had asked me the question "After my divorce, can I move to another part of the country with my child?’’ a few months ago I would have said "Yes you can", unless the family situation was complicated. As a Manchester children solicitor it is always hard to explain to a parent why different rules apply if, after a separation or divorce, you want to relocate in the UK or abroad with your child. The law and moving within the UK with a child The law on relocating with a child within the UK not always clear. Imagine the scenario of a parent who wants to move from Manchester to Cornwall. Anyone who has made the trip by car, train, coach or plane knows that it is far easier and quicker to get to some locations in France or Spain than get to Cornwall. Until recently, our children solicitors’ advice would have been that it was unlikely that a court would stop the primary or main carer of a child from moving within the UK. That advice was given whether it was a move from Cheshire to Derbyshire or further afield, for example, to Devon. The only reported family court cases where a parent, usually the mother, had been prevented from moving within the UK with a child was when there were highly exceptional circumstances. For example, the child had a disability. The internal relocation of children and the case of BB V CC The case that is proving of such interest to Manchester children solicitors is that of a 3-year-old little boy in a family court case labelled ‘’BB V CC’’. The mother and father separated and the move took the child from South East England to the North. Court proceedings were started. The court made a shared custody or child arrangements order and said the mother would need to move back to the south with the child so that shared custody with the father would work. The child’s mother appealed against the decision. The facts of most family cases are a little more complex than the bare bones. In family cases, it can be the detail that sways a judge’s decision. In every family court case, the decision has to be about what is in a child’s best interests. In the case of BB V CC, the parents had an arranged marriage. The mother came to the UK to live with her husband at the paternal family home in London. When the child was about one the parents separated. The mother relocated to the North. The father saw this as child abduction as the mother had not discussed the plan with him. The mother made serious allegations of domestic violence against the father and his parents. The court decided that the allegations of domestic violence against the paternal family were not established. The judge was concerned that parental alienation might take place if the father was not able to share the care of the little boy. The court ordered temporary contact but said the mother should relocate back to the southeast, near to where the father resided. The court said if the mother did not move back to the southeast with the child the court would think about giving the father custody of the child. The Appeal The mother appealed against the judge’s decision. She said there were no exceptional circumstances that should require her to relocate with the child within the UK. The appeal judge decided that the care of the little boy should be shared. The court said it was not possible for both parents to share the care of their son and live at other ends of the country. The judge therefore refused the mother’s appeal. [related_posts] Parental alienation and moving after divorce In the court judgment, the judge said she thought that parental alienation might take place if the mother stayed in the northeast and brought up the child with infrequent contact with his father. The judge said the child could suffer emotional harm if parental alienation took place. Internal relocation and exceptional circumstances The judge in the case of BB V CC considered the case law and decided that a children case did not have to be exceptional in order to make an internal relocation order. The judge said that the court should assess what was in the child’s best interests, and that the child’s welfare should be the court’s paramount concern. Opposing the internal relocation of children The court decision of BB V CC is likely to increase the number of parents wanting to bring court applications to try to use the court process to stop a parent and child from moving within the UK. Our children solicitors anticipate that, for parents wanting to move, it will be argued that the case of BB V CC should be looked at on its family facts. Namely the judge’s dismissal of the allegations of domestic violence and her concerns about parental alienation by the mother if the child was brought up a long distance away from the father. The law and relocating abroad with a child The law says that if a parent wants to take a child abroad to live then they need the written agreement of the other parent or a court order giving them permission to take the child abroad to live. How can Evolve Family Law Solicitors help? To get legal assistance from our children law expert Louise Halford  about the internal relocation of children in the UK , children law applications and child arrangements orders please contact us.

When you are separating, a lot of words get thrown around including custody, contact, access, child arrangements, shared parenting and of course, co-parenting. I am sure that many parents' heads must spin with all the legal jargon. In recent years, one of the "buzz" words has been 'co-parenting'. What does co-parenting mean when you separate or divorce? Child Custody Terminology Perhaps the best place to start is with an explanation of all the children law terminology used to describe who the primary carer of a child is. As a children solicitor who has been representing parents in children law applications for over 20 years, I am old enough to remember the times that judges routinely made custody and access orders. I still refer to custody and access. That is because parents refer to custody and access. It is not surprising that they do, as the papers, television programmes and films all talk about custody and access. I suspect that is because the media and producers think readers and viewers are not up to date with new terminology. The law changed the name of custody orders to "residence order" and access to "contact order". Those labels didn't stick around for that many years. The current terminology for a children custody, access, residence or contact order is a 'child arrangements order'. What is a children arrangements order? A child arrangements order combines a custody and access order by specifying what time a child will spend with each parent. The terminology is meant to make both parents feel of equal value as in most family situations both parents share parental responsibility for their child. This means they have equal rights and responsibilities for their child. That is the case even if they do not spend the same amount of parenting time with the child. The rationale behind the change in terminology was to get away from the idea that there was one parent who should be labelled as "the parent with care" or the "primary carer" and an "absent pareant". What does co-parenting after separation or divorce mean? Depending on to whom you speak to, you will get a different answer about what co-parenting means after a separation or divorce. To me, co-parenting is about co-operative parenting. It is about parents sharing the care of their child after a separation or divorce. What co-parenting does not mean is a slavish equal split of time spent with each parent or an equal split of day-to-day responsibility for a child. What co-parenting does mean in practise is: Providing consistent parenting in both households, so that is some consistency of routine, of style, of style and types of discipline and of chore expectations. Communication between parents so that they know of issues in the child's life, such as a bad day at school or a falling out with a best friend. Discussion between parents so, for example, a child doesn't end up with 2 similar presents on their birthday but perhaps one joint one. Playing to parents' strengths and weaknesses. If a parent does not like football, but the child does, arranging contact around football so that the other parent shoulders the responsibility of taking the child to matches and shouting at the side-lines. Respecting the other parent and their role in the child's life, even if they do not spend an equal amount of time with the child. So, for example agreeing that a child can spend fathers' or mothers' day with the correct parent, whatever the parenting regime; or making sure a child has bought a birthday card or present for a father or mother. [related_posts] Co-parenting is all about sharing parental responsibility This can include child maintenance, but, just as importantly, it  can involve one parent supporting the other parent if they have made an unwelcome decision, such as limiting i-pad time to an hour a day or confiscated a mobile phone. The other important thing to remember is co-parenting can involve others, such as grandparents, stepparent or extended family. It can be very hard to think of others having a role in your child's life, but it is easier for the child if they can talk to you openly about life at home with their other family. As a children solicitor, I am often asked about changing parenting arrangements. We often forget that a child grows up and that the contact that works at age 8 may not suit the child's needs at age 13. Co-parenting therefore has to evolve with the changing needs of both the child and the family composition and location. After all, half siblings may arrive later to join a child in a household or a parent many have to move out of the area with their job. However a parents chooses to parent their child, I always recommend that when they are thinking about separating or divorcing, that they try to look at the parenting arrangements from the  perspective of the child's needs. Your needs may coincide with the child, but having a child-focus often makes it easier to agree on the custody, contact and parenting time. There are always some parents for whom co-parenting and agreeing on custody and contact is not an option for a whole variety of reasons. That is why, despite the changing terminology, there is always the last resort option of applying to court for a child arrangements order. For legal help with children law orders, custody and contact and parenting arrangements please contact us today

Behaviour that a parent views as parental alienation may, to the other parent, be reasonable. Children solicitors and family judges do not always agree on what amounts to parental alienation either, because parental alienation is a very subjective concept. However when a parent’s attitude towards their ex-partner steps beyond the line it amounts to parental alienation. The debate is normally where the line is crossed and what should be done about it. The Definition of Parental Alienation Lord Justice McFarlane defined parental alienation as: ‘’The turning of the mind of a child against  a parent by the other parent , either deliberately or inadvertently , resulting in the child holding a wholly negative view of the other parent and that negative view not being warranted by the other parent’s behaviour to the family or in the parent - child relationship.’’     What Can You Do About Parental Alienation? If you think your children have been alienated from you because of comments or actions on the part of your ex-spouse or partner then we recommend that:   Reflect and take time to look at your behaviour. Have you made negative comments about the mother or father? If so, could they be aware of the comments and could that have escalated parental tension?     Analyse why the children may be feeling negative about contact. Could their attitude be in some way down to your behaviour or your new circumstances? For example have you had to rearrange many contact visits or not been able to get to school sports day? Do you have a new partner and stepchildren or have you moved home? Sometimes it is easy to blame your ex-spouse or partner for the children not wanting to see you. However sometimes it pays to be honest with yourself and look at whether the children’s views may be down to your behaviour or changes in your home circumstances.   Look at temporary alternatives to direct contact. If contact has stopped as your ex-spouse has said, the children do not want to see you, then still try to maintain contact. Even if you cannot see the children, you may be able to send text, emails, cards and gifts. It can be hard to keep sending notes and messages to a child and get nothing back but it is important to persevere. If your ex-spouse stops direct contact and you do not maintain indirect contact then it will be harder to restart the relationship with the children. It is hard to write and contact a brick wall but it is worth doing so that your children know that they are not forgotten.     Don’t delay If you think that parental alienation is taking place it can be hard to know what to do. Sometimes it is tempting to think that the best thing is to do nothing because you think the children will ‘’come round in time’’ or that your ex-spouse will mellow and let you see the kids. If a long time goes by without seeing the children it will be harder to restart contact. Even if you fear that you have left it ‘’too late ‘’ remember the adage that it is ‘’ never too late’’.   Take legal advice If your ex-spouse has stopped contact and it is down to parental alienation then take advice from a specialist children solicitor. Parental alienation can be difficult to prove and even trickier to sort out. It is therefore important that you get legal advice on your options.   Be open to alternative options If you get legal advice from a specialist children solicitor, they will not necessarily advise you to start court proceedings. Expert solicitors should look at a range of options and work with you to make sure that your relationship with the children is resumed as quickly as possible and without causing additional animosity with your ex-spouse. Alternatives to court proceedings for children orders include: Mediation Family therapy Counselling Round table meetings with solicitors   What Can a Judge do about Parental Alienation? If you start court proceedings and the judge decides parental alienation is a possibility, the following orders can be made: The appointment of a court appointed expert assessment to assess if parental alienation has occurred and the impact on the children ; A child arrangements order so you can have contact with the children. The contact could be built up gradually at the pace of the children; In extreme cases where a judge finds that the parental alienation has caused emotional harm the judge can change the primary carer of the child.     [related_posts] How can Evolve Family Law help you? Evolve Family Law is a niche family law firm with offices in Cheshire and Manchester. We advise on all aspects of divorce, family, and children law. All of our solicitors at Evolve are specialists in either children or family finance law. Our joint director Louise Halford has years of experience in representing parents in complex and highly emotionally charged children court proceedings. Many of her cases have involved allegations of parental alienation. Louise Halford tenaciously represents parents in children proceedings and secures children arrangement orders for access and contact in often highly complex and emotional cases. Louise Halford and the children law team at Evolve will work with you to help you reach a solution. Contact us today.

At the start of the long school summer holidays or just before children break up for their Christmas holidays I tend to get asked the question whether a father can stop a mother taking their child on holiday. A typical Cheshire children solicitor’s reply is ‘that it all depends’ and that’s not a cop out as when answering children law legal questions you need all the facts to be able to give an accurate answer. We Are Cheshire Children Law Solicitors If you need legal assistance or can't reach an agreement over custody and contact and want to make an application to court then the experienced team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today. Questions about stopping holiday contact To answer the question ‘can a father stop a mother from taking their child on holiday?’ a Cheshire children law solicitor needs to know the answer to these sort of questions: Are there any existing children court orders in relation to the child? Does the mother have a custody order (also known as a residence order or a child arrangements order); Does any existing court order state what the mother is allowed to do in relation to holidays with the child; Does the mother plan to take the child on holiday abroad and, if so, for how long? Does the mother plan to take the child on holiday in the UK, and if so, for how long; If relevant, who else will be accompanying the child on holiday (sometimes the objection to a holiday is more about mother taking her new partner on holiday with her or being joined by her partner’s children); Will the proposed holiday impact on father’s contact with the child? If so, has the mother offered alternative contact; If the holiday is abroad are there any child abduction concerns and, if so, what grounds are they based on; Have there been any previous occasions where the mother has withheld contact before or after a holiday; Are there any particular concerns about the specific holiday, for example, is the holiday destination somewhere that the Foreign Office warns UK citizens to avoid travelling to? Is the holiday destination a country that isn’t a member of the Hague Convention and there are fears of child abduction; Are there any particular concerns about the holiday dates, for example, a ski trip over the Christmas period or a holiday booking that would result in a child missing a few weeks of school; Does the child already know about the proposed holiday? Do they want to go on the holiday? [related_posts] Children law and stopping a mother from taking a child abroad on holiday If a mother has a court order saying that she is a primary carer of the child (such as a custody order, residence order or child arrangements order) then unless there are any other types of court order in place to stop foreign holidays then she will be able to take the child on holiday for a period of up to 4 weeks without first having to get the permission of the father or anyone else with parental responsibility for the child. If a father has a really genuine objection to a mother taking their child on holiday abroad they could still apply to court for a specific issue order or prohibited steps order to try and stop the holiday from taking place. The court would make a decision based on what the court thought was in the best interests of the child.   If a mother takes her child abroad on holiday without the father’s agreement or court order then she might be guilty of the offence of Child Abduction in the eyes of the Court.   Nowadays most parents don’t have a court order for custody or residence or a child arrangements order. That is because the court is normally reluctant to make a children court order unless parents can’t agree on the day to day care arrangements for their child at the time of their separation or divorce. That means if either parent wants to take the child on holiday to a foreign country they need the other parent’s agreement or a court order. It is important to put your agreement in writing so both parents know what has been agreed to.   Children law and stopping a mother from taking a child on holiday in England If a father objects to a mother taking a child on holiday in England then it is often because it will impact on their contact time with the child or the child will miss an important paternal family celebration, such as a grandparent’s ruby wedding party. If there are existing children court orders in place it may be necessary for the mother to apply to court to allow her to go on holiday with the child because, for example, the court order says father is to have contact every Saturday and she plans to go on holiday for a fortnight. Whether or not there are existing court orders in place the father could apply to court for a specific issue or prohibited steps order to stop the holiday from taking place or to ask the court for additional contact to make up for the time missed with the child during the holiday.   Should you object to a child going on holiday? That is always a difficult question for a Cheshire children solicitor to answer as so much depends on the reasons why you oppose the holiday and whether you can reach a compromise with the mother. Sometimes the fear of child abduction is such that a father has no alternative but to make a court application to stop the holiday. At other times negotiations by a Cheshire children law solicitor can sort out fair holiday and contact arrangements without needing to make a court application.

If you're wondering 'what legal rights do step parents have?', we have the answers for you here. Step parents often get bad press, stepping into already made families and having to find their role. Jigsaw relationships can get very complicated with the arrival of additional children or, for example, on the breakdown of a second marriage. It is not surprising that many step parents feel that they have a lot of the responsibility for caring for step children but few, if any, legal rights.  Sometimes it is not until a step parent is challenged that they realise that the law treats step parents differently to biological parents. That challenge can be anything from nursery staff asking if a step parent has the biological parent’s authority to collect a child from nursery or the school nurse needing the biological parent’s agreement to the immunisation of a child. These scenarios are what many step parents face on a daily basis. That can be frustrating especially when one of the biological parents could be ‘off the scene’ leaving the step parent to parent the child. So what rights does a step parent have? Who is classed as a step parent? In this day and age with so many different types of relationship many people are referred to as ‘step parents’ but legally to be considered  a ‘step parent’ you have to be married or have been married to the child’s biological parent. If you are living in a cohabiting relationship with a parent of children you are not classed as a step parent but you may still be able to ask the court to make orders in your favour provided that you are considered a significant person in the child’s life, and the court gives you permission to apply for a court order. Does a step parent automatically have parental responsibility for their step children? We all know that children say ‘you can't do that, you are not my parent’ but in some situations a step parent can acquire parental responsibility for a step child. Parental responsibility is one of those legal concepts and means that an adult (normally the biological parent) has rights and responsibilities for their child, understanding what a Parental Responsibility Agreement is goes a long way to understand your legal rights as a step parents. A step parent can get parental responsibility for a child if: A court makes a child arrangements order saying that the child should live with the step parent or with the step parent and another person, such as one of the biological parents; When a step parent adopts a step child ( this type of adoption is now uncommon); When a parental responsibility agreement is signed by all those who hold 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 providing he has met certain criteria; A court makes a parental responsibility order on the application to court by a step parent. [related_posts] What Is Step Parent ‘Parental Responsibility’? Parental responsibility is about the rights and responsibilities for a child, whether the child is biologically yours or a step child. If a step parent gets parental responsibility for a child they have exactly the same rights and responsibilities towards the child as all the other people who hold parental responsibility. No one person’s parental responsibility is more important than anyone else who has parental responsibility. If there is more than one person with parental responsibility for a child and they can’t agree on what is in a child’s best interests anyone with parental responsibility can make an application to the court to decide the question in dispute by making a specific issue order. How do you get step parent parental responsibility? If a mother agrees to a step father having parental responsibility for a child the easiest way to get parental responsibility is to fill in a parental responsibility agreement. The form records that the step father of the child is acquiring parental responsibility for the child. The stepfather will then share parental responsibility with the child’s mother. If the child’s biological father has parental responsibility he will also need to agree to the step father acquiring parental responsibility for the child.    As parental responsibility is an important legal concept the document has to be a standard agreement form and signatures have to be witnessed at your local court. Paperwork confirming the parents and child’s identity also need to be produced. Do you have to pay child support if you have parental responsibility for your step child? Whether or not you have legal parental responsibility for your step child you may be asked to financially support your step child if you separate. The financial responsibility comes from the fact that you married the child’s parent and doesn't have anything to do with the fact that you have parental responsibility for the child. The child maintenance service usually assesses how much child support should be paid for a child. However there are exceptions to this rule and in the case of step parents only a family court (and not the child maintenance service) can order that a step parent contribute financially towards their step child’s upbringing.    Do step parents have an automatic right to see a child if they separate from the child’s biological parent? A step parent doesn't have an automatic right to continue to see a step child if they separate from the biological parent of the child. Some people think that is wrong but the person may not have been a step parent for very long before the marriage broke down or the child may already have a very large and complex family structure involving contact with biological dad as well as a first step dad and the various sets of grandparents and step grandparents. For a child it can be very difficult to juggle contact with family as well as meet homework deadlines and keep up with sporting commitments and see school friends. If a step parent believes that they are significant to the child and ongoing contact with the child is opposed then the step parent can ask the court for permission to apply for a child arrangements order allowing them to see the child. A court will decide on whether the contact is in the child’s best interests. For legal help with any aspect of children law please Contact Us