marquee

Sydney Unleashed

Sydney's #1 Entertainment & Lifestyle Publication

Understanding The Legal Rights And Responsibilities of Step-Parents

Understanding The Legal Rights And Responsibilities of Step-Parents

Situations around family law are never easy. In 2020 there were approximately 78,989 marriages registered in Australia. Almost 49,510 couples divorced in that same year. There is a wide range of family arrangements for Australian couples, either separated or divorced. Some couples have biological children, while some have step children. Many separated Australians around the nation often argue around the topic of parental rights and step-parent’s rights.  So If you are a step parent, you need to know exactly where you stand.

Today’s article is intended to demystify step-parent rights and responsibilities to help couples make the best decisions about their family life and how to go about after their break up or divorce. Keep reading on to find out more.

Defining “Step-Parent” 

First of all, in order to know better your rights and entitlements, we should understand who a step parent is in the legal term. As per the Section 4 of the Family Law Act 1975 (Cth) (“the Act”) a stepparent is someone who:

– is not the biological parent of the child.

– married or in a de-facto (includes same sex couples) relationship with a parent of the child at any time.

– when the person is in a relationship with the parent of the child and treats the child as a family member of that parent.

Legal Responsibilities Of A Step-Parent

As a step parent you have the power to make decisions regarding the welfare, care and proper development of a child. Yet, it should be emphasized that step-parents do not automatically have legal parental responsibility.  It means that step parents cannot legally authorize medical care, sign school forms, apply for passports and so on. In an emergency medical situation, an exception to this would be to ask for consent to a procedure when neither of your step child’s biological parents are available.

Parenting Orders For Step-Parents

If you want to gain parental responsibility for a child as a stepparent, you will require a parenting order or think about adoption. As a step parent it is always advised that you seek legal advice from an experienced family lawyer about parental responsibility.

A parenting order will allow you to:

– Attend school events that parents are invited to.

– Receive school notices, reports and any other teacher parent correspondence.

– Learn about your step child’s education and health.

– Pick a stepchild on behalf of a biological parent

– Spend time and communicate with a stepchild regardless of whether you separate from his or her biological parent.

Note: You should also know that step-parents only get parenting orders under special circumstances, for instance if there are no other available biological parents or if there are concerns for the welfare of a child.

Adopting A Stepchild

Stepparents also have another path available to them via adoption. Unless one of those parents has passed away, this will require the consent of both biological parents. If you adopt your stepchild, you become your step child’s legal parent.  Adoption laws differ from state to state and can be complicated. That being said, it’s important that you reach out to one of our trusted family lawyers if you are planning to adopt your stepchild.

What Are My Custody Rights As a Step-Parent? 

As per the Australian law, when a step parent and a child’s biological parent are separated or divorced, a step parent will not automatically have the right to spend time with their step child or the right to the commencement of court proceedings. But a parent and stepparent can reach an informal agreement or enter into a Parenting Plan.  If you are a step parent asking the Court to grant you time with a step child, you need the Court’s leave to begin proceedings or join ongoing proceedings first. Section 65C of the Act makes provision for any person or stepparent taking care of the welfare, development or care of the child to commence or join the proceedings regarding the child they are concerned with. Factors that may be considered in this regard include what form of Orders you are seeking as the stepparent, and the history you have had with the child.

Will My Stepchild Inherit My Assets? 

If you wish to leave something for your stepchild after your death, you have to mention it in your will. If you have not adopted your stepchild and you die without a will, your stepchild would not be entitled to your assets.  But if you adopt your stepchild and die without a will, then your stepchild has as much of a right to your property as any of your biological children. The truth is, this article only scratches the surface of what a step parent is legally entitled to know. As you can tell it is an incredibly complex topic and made up of varied layers based on the particular circumstances.

If you have any questions or concerns as a step-parent, it is very important that you get in touch with one of our expert family lawyers who will be able to provide you with the best of professional legal advice that is specifically tailored to your situation. You can trust us with your family.

Sydney Unleashed is one of Australia’s premier entertainment publications exploring the latest in lifestyle trends. From Sydney’s finest restaurants, cafes and bars to the hottest in gadgets, products, and home entertainment, Sydney Unleashed is your one-stop lifestyle platform.