#Lexology (BUTTON) Toggle navigation * Search ____________________ Search * Login * Register * PRO + Explore all PRO content + PRO subscription plans Premium content + Curated articles + In-depth + Market intelligence + Practice guides Analysis tools + Lexology GTDT + Ask Lexy * PRO * Latest * GTDT * Research * Learn * Webinars * Instruct * Store * Blog * Events * Popular * Influencers * About * Compare * Topics * Intelligence * Guides Getting The Deal Through joins Lexology GTDT and Lexology Navigator have merged [GTDT-logo.svg] CONTENT DEVELOPMENT Become your target audience’s go-to resource for today’s hottest topics. * Trending Topics New * Discover Content * Horizons Beta * Ideation CLIENT INTELLIGENCE Understand your clients’ strategies and the most pressing issues they are facing. * Track Sectors * Track Clients * Mandates New * Discover Companies * Insight Reports COMPETITOR INTELLIGENCE Keep a step ahead of your key competitors and benchmark against them. * Benchmarking * Competitor Mandates Coming soon Lexology PRO Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Explore all PRO content Premium content * Curated articles * In-depth * Market intelligence * Practice guides Analysis tools * Lexology GTDT * Ask Lexy Explore all PRO content PRO subscription plans * About * Find experts * Firms Back Forward * Save & file * View original * Forward * Print * Share + Facebook + Twitter + Linked In * Follow Please login to follow content. * Like add to folder: [ajax-loader-spin.gif] * My saved (default) * Read later [ajax-loader-spin.gif] Folders shared with you * [ajax-loader-spin.gif] Register now for your free, tailored, daily legal newsfeed service. Questions? Please contact customerservices@lexology.com Register What are a step-parent’s rights in divorce? Shoosmiths LLP Shoosmiths LLP logo Faye Paterson Peter Morris United Kingdom June 27 2019 Step-parents are often portrayed in popular culture as distant, malevolent influences – you only have to think of Snow White to get a picture of the archetypical “evil step-mother”. However, more usually the reality is that step-parents have spent many years living as a family and have grown to love step-children as their own. That is recognised by National Step-Mother’s Day, celebrated on the Sunday after Mother's Day since 2000. Caring and loving step-parents know how important their bond with the child is and may be worried that divorce from a former spouse may damage this precious relationship, which can be every bit as damaging as separation from a biological parent. A step-parent who is getting divorced or going through separation may feel confused over what rights they have in relation to their step-children. Step-Parent legal definition To be considered a step-parent in law means the individual must be married to a biological parent of a child. Simply living together for a substantial period is not sufficient to meet this legal definition, whether the individual has taken on a traditional parental role or not. However, it must also be recognised that increasingly families can take many forms. An unmarried ‘step parent’ may therefore be an important figure in a child’s upbringing. Contact arrangements A divorced step-parent does not have an automatic right to see their step-child. The paramount concern is what is best for the welfare of the child and if a step-parent played an important part in that child’s life it could be detrimental to their well-being if that relationship is not maintained. It is always best to reach an agreement with your former spouse. An experienced family law solicitor can help by handling negotiations. Using a family mediator or collaborative lawyer can also be helpful to work out the details, however, if it has not been possible to reach an agreement and mediation has failed, then a family lawyer will be able to assist you with an application for a court order. Before issuing a court application you have to attend a Mediation Information Assessment Meeting (MIAM) unless an exemption applies. Child arrangements order As a step-parent (even if you are no longer married to the child’s parent) you do not need the court’s permission to make an application to the court for a child arrangements order and can make an application in the same way a biological parent can. In some cases, you may be able to obtain rights for your step-child to live with you especially if there are concerns about their welfare or safety. Child arrangements orders can state that a child is to live with their step-parent and spend time with their biological parent, however orders of this nature are not common. A shared living arrangement is an alternative that the court may consider is best for your step-child. The welfare checklist The Children Act 1989 sets out the factors which must be taken into account in all cases. The court will ultimately be looking at what is in the child’s best interests and will consider a number of factors in addition to the child’s age, sex and background when deciding whether to make a child arrangements order. The feelings of the child as well as their physical, emotional and educational needs will be taken into account. The likely effect on the child of any change in their circumstances as well as any harm which the child has suffered or is at risk of suffering will be significant factors in any decision, as will the court’s judgement of how capable each of the parents (and any other person the court considers relevant) is of meeting the child’s needs. Listening to the child Your step-child may have strong views regarding where they want to live and who they want to spend time with following a separation. Part of the court’s considerations when making any child arrangements order is to take the child’s views into account. How relevant they will be will depend on the child’s age and their understanding of the issues involved. In such cases the court can arrange a meeting between the step-child and an officer from the Children and Family Court Advisory and Support Service (Cafcass), who will then be able to report the child’s wishes and feelings to the court. The older the child is and the more they understand the consequences of their choices, the more weight the court will give to their wishes. Getting the right legal advice Step-parents concerned to protect their step-child’s future should also consider making a will. Unlike biological children, a step-child is not entitled automatically to any inheritance from a step-parent unless this is specified in a will. Failure to make adequate provision for those you treated as a “child of the family” after your death means they would have no recourse but to make a claim against your estate. It is essential to take expert advice in these circumstances so that a precious relationship can be maintained. Shoosmiths LLP - Faye Paterson and Peter Morris Back Forward * Save & file * View original * Forward * Print * Share + Facebook + Twitter + Linked In * Follow Please login to follow content. * Like add to folder: [ajax-loader-spin.gif] * My saved (default) * Read later [ajax-loader-spin.gif] Folders shared with you * [ajax-loader-spin.gif] Filed under * United Kingdom * Family * Legal Practice * Litigation * Shoosmiths LLP Popular articles from this firm 1. Shoosmiths B2C: New deal for consumers * 2. Schrems 2.0: mixed messages from the court * 3. Drafting masterclass: zero-hour contracts * 4. To code or not to code? A question for large companies * 5. Property owner prosecuted for spread of Japanese knotweed * If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. Powered by Lexology 55 mins Matthew L. Mazur Matthew L. Mazur Matthew Banham Matthew Banham Navigating cooperation demands of SFO and DOJ in cross-border internal investigations 09 January 2020; 16:00 UTC Read more [20191125115323.png] Show all webinars Featured Video Alexander B. Reynolds 4:28 min Alexander B. Reynolds Davis Wright Tremaine LLP Data mapping for GDPR and CCPA compliance Watch now Related topic hubs 1. United Kingdom 2. Litigation 3. Legal Practice Related United Kingdom articles 1. The financial obligations of a step-parent * 2. Step-parents: Family or legal strangers * 3. Legal challenges for blended families * Related international articles 1. Child maintenance beyond the age of 18 years and childbearing expenses * - Australia 2. The FMLA: modernizing for the modern family * - USA 3. "Brady bunch bunfight" blended families and family provision claims * - Australia [Icon-Quote.png] Marion Rich Director of Legal & Contractual Affairs British Constructional Steelwork Assoc Ltd What our clients say "I have enjoyed receiving the Lexology newsfeeds over the last few months and in general find the articles of good quality and relevant. I like the fact that the email contains a short indication of the subject matter of the articles, which allows me to skim the newsfeed very quickly and decide which articles to read in more detail." Back to Top * Terms of use * Cookies * Disclaimer * Privacy policy * GDPR compliance * RSS feeds * Contact * Submissions * About * Login * Register * Follow on Twitter * Search Law Business Research © Copyright 2006 - 2020 Law Business Research