Blended families and parental responsibility

In today’s society, family structures are increasingly diverse, with blended families becoming more common. When a stepparent has been actively involved in raising a child, either due to separation from the biological parent or the unfortunate passing of a partner, the question of acquiring Parental Responsibility (PR) becomes crucial. Understanding the legal framework for stepparents seeking PR in England and Wales is essential, as it encompasses the rights, duties, and authority a parent has concerning their child. This article explores the complexities and legal considerations involved in stepparents obtaining PR, with insights from the 2024 case of A -v- M and Ors [2024] EWHC 2020 (Fam).

Parental Responsibility (PR) in England and Wales encompasses the legal rights, duties, powers, responsibilities and authority a parent has concerning their child and the child’s property. For Stepparents, acquiring PR is not automatic, and requires an Application to the Family Court if a formal agreement with all of the existing PR holders cannot be obtained. The 2024 case of A -v- M and Ors [2024] EWHC 2020 (Fam) provides valuable insight into how Courts consider such Applications.  

Case overview

In this case, Mr Justice Hayden considered an Application by a stepfather (A) seeking PR for his partner’s two children D (14 years old) and K (10 years old). The family dynamics were complex. Each child had a different biological father. The stepfather A had been involved in the children’s lives since his relationship with M began.  

Legal framework for step-parents seeking parental responsibility

Under the Children Act 1989 stepparents can acquire PR through: -

1. A formal agreement with all individuals holding PR for the child. 

2. An Application to the Court where an agreement cannot be reached.

In determining such Applications, Courts consider factors established in RE H (Minors) (Local Authority; Parental Rights) (No.3) [1991] Fam 151 which includes:

• The degree of commitment shown by the stepparent to the child. 

• The degree of attachment between the stepparent and the child.

• The motivation behind the Application. 

Courts analysis in A -v- M and Ors

Applying these principles, Mr Justice Hayden evaluated A’s commitment, attachment and motivation concerning both children. K (10 years old) the Court found that A had demonstrated significant commitment and had established a meaningful relationship with the child. Consequently, the Court granted PR for K. For D (14 years old) despite A’s involvement, the Court noted that D’s age and maturity warranted consideration of D’s own views and the existing family dynamics. The Court decided not to grant PR for D.  

The rise of blended families

Blended families also known as stepfamilies have become increasingly common in the UK. In 2021 there were approximately 781,000 stepfamilies in England and Wales with 547,000 (70%) containing dependent children. Notably 51.6% of these stepfamilies with dependent children were blended, meaning they included children from previous relationships of both partners.  

Further estimates suggest that 1 in 3 families in the UK are now considered blended indicating a significant shift from traditional nuclear family structures. This rise underscores the evolving nature of family dynamics and the importance of legal frameworks that adapt to these changes.

Impact of biological parents and joint children

The involvement of a biological parent plays a crucial role in decisions regarding a stepparent’s parental responsibility. If a biological parent does not live with the child but maintains regular contact and still fulfils parental duties Courts may be more cautious in granting parental responsibility to a stepparent to avoid potential conflict. In cases where the biological parent is absent or disengaged, the Court may be more inclined to grant PR to a stepparent who has assumed a parental role.

Additionally, when a stepparent and biological parent have a child together it can influence the Court’s decision; the presence of a mutual child may strengthen the stepparent’s Application for PR for the other children of the family, as it reflects a deeper familial bond and commitment to the family unit.  

At Hill Dickinson we have represented numerous stepparents seeing to obtain PR. Our experience indicates that successful Applications often involve evidence of this stepparent’s active involvement in the child’s life including attending school events, medical appointments and participating in daily routines. Also providing a safe nurturing and stable home environment that supports a child’s well-being and finally fostering healthy relationships between the stepparent and the child and other family members.

In conclusion as blended families become more prevalent, understanding the legal avenues for stepparents to acquire parental responsibility is essential. Each case is unique and Courts will always prioritise the child’s best interests considering the specific family dynamics and relationships involved.