Stepfamilies are an ever-increasing family type, yet the rights of stepparents after divorce are often overlooked and misunderstood. Following the breakdown of a marriage, many might be confused as to what their ongoing rights and responsibilities are to stepchild after divorce.
Many stepparents assume a traditional parental role for a child that is not biologically theirs; the child might has lived with you and their biological parent, you could be parent to their siblings, you may have been the one who did homework with them, took them to their clubs and organised their birthday parties. These relationships can be just as meaningful as those with a child’s biological parent and you may be keen to maintain that relationship, notwithstanding the breakdown of your marriage.
In England and Wales, a stepparent is an individual who has married one of the biological parents of a child. Marriage is a legal prerequisite for stepparent status. Simply having lived with a biological parent is not sufficient to be considered a “stepparent” in the eyes of the law.
If a stepparent divorces the child’s biological parent, they have no automatic legal right to see the child. The only exception to this rule is if they officially adopted the child during the marriage.
What happens after a divorce can depend on whether the stepparent acquired parental responsibility for the child during the relationship. It is a common misapprehension that stepparents acquire parental responsibility simply by marrying the child’s biological parent. No matter how closely involved you may have been involved in the child’s life, you only acquire parental responsibility during the marriage through a formal agreement, adoption or court order.
There is no presumption of continued parental involvement when it comes to stepparents. However, it can often be in the child’s best interest to remain in contact with their stepparent after divorce. If you wish to maintain your relationship with your stepchild, the first step is to try and agree matters with your ex-partner directly or via mediation.
If matters cannot be agreed, then you may need to apply to the Court for a Child Arrangement’s Order. This is a Court Order which determines where a child lives and who they spend time with. You make the application in the same way a biological parent would. The Court will give consideration to all the circumstances before making its final decision.
If you do not have parental responsibility, there is one small criterion that may allow you to apply to the Court to spend time with your stepchild after divorce or separation. If you are a person with whom the child has lived for a period of at least 3 years then you are eligible to apply for a Child Arrangements Order. However, the time limit to apply for an order on this basis is quite tight; you must apply within 3 months of the child ceasing to live with you.
If you are not automatically eligible to apply for a Child Arrangements Order, you can still apply to the Court for permission to make an application. The Court will consider the merits of your application, whether it is in the best interest of the child for the application to proceed, before making their decision. This is a similar process to Grandparents seeking to make an application to spend time with their Grandchild.
If you are motivated by a genuine desire to maintain a relationship with your stepchild and the Court considers it to be in that child’s best interest, then it is likely that a Court will grant permission for you to make an application to spend time with your stepchild after divorce or separation, and to maintain that precious bond you share.
Heather Reilly
7th January 2025