Step-parents

Step-parents

Acquisition of parental responsibility by step-parents

Under the Children Act 1989 (ChA 1989), where a child's parent who has parental responsibility is married to, or is the civil partner of, a person who is not the child's parent:

•
both parents with parental responsibility may enter into a parental responsibility agreement with the step-parent
•
on the application of the step-parent the court may order that the step-parent have parental responsibility

Additionally, step-parents may also acquire parental responsibility by:

•
obtaining a child arrangements order (CAO) in which they are named as a person with whom the child is to live—they have parental responsibility while the order remains in force so far as providing for the child to live with that person
•
obtaining a CAO in which they are named as a person with whom the child is to spend time or otherwise have contact but they are not named as the person with whom the child is to live—in those circumstances the court may provide in the order for the person to have parental responsibility for the child while the provisions in the order continue to

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Family weekly highlights—30 October 2025

This week's edition of the Family weekly highlights includes details of the House of Commons Justice Committee’s plan to examine the reform of the Family Court. Recent judgments on the determination of parental alienation and an application for permission to relocate internationally with children amid domestic abuse allegations are also considered together with procedural irregularities as the basis of an appeal, the making of final care orders at an issues resolution hearing and notification of a child’s birth and adoption plans to wider family members under the inherent jurisdiction.

Person at risk of violence order fee to be scrapped

The Ministry of Justice has confirmed that from November 2025, the person at risk of violence (PARV) order fee will be removed, meaning that survivors of violence and domestic abuse will no longer have to pay a court fee of £318 to ensure their abuser cannot locate them via public records. A PARV order is a legal route to prevent personal details from being published. Individuals must demonstrate that disclosure of their address would reasonably expect to lead to violence. Currently, to apply for a PARV order, individuals must complete an application form which is accompanied by a witness statement, attend court and pay the court fee. They do not have to prove that they have experienced violence, only that they reasonably believe they may. For women fleeing domestic abuse, having the peace of mind that their abuser cannot search public records to find their new address is invaluable, yet the cost is a barrier to many. This announcement means the cost will no longer be an obstacle to their safety. The abolition of this court fee is the latest measure in the government’s aim to halve violence against women and girls within a decade and a key part of the Plan for Change to protect victims and restore faith in the justice system.

Court makes best interests decisions re pregnancy and contraception for woman with complex mental health presentation (KP (Termination of Pregnancy))

Private Client analysis: The Court of Protection held that a 19-year-old woman with cerebral palsy, autism and multiple personas lacked capacity to make decisions about pregnancy termination and contraception. Applying the Mental Capacity Act 2005 (MCA 2005) framework, the court found termination and contraceptive implant were in her best interests given her deteriorating mental health and self-harm risks. Notable for practitioners, despite unanimous agreement among parties, the Trust sought court approval rather than relying on MCA 2005, ss 5 and 6, demonstrating how judicial oversight can help preserve therapeutic relationships in complex medical cases. Practical implications written by Sophie Caseley of Garden Court Chambers.

House of Commons Justice Committee to examine reform of the Family Court

The House of Commons Justice Committee has confirmed that it will question the President of the Family Division, Sir Andrew McFarlane, and the Domestic Abuse Commissioner for England and Wales, Dame Nicole Jacobs, during an evidence session in Parliament on 28 October 2025 at 2:30pm, examining reform of the Family Court. The discussion is expected to focus on recent reforms aimed at tackling delays and backlogs, early interventions and mediation, reforms relating to domestic abuse, problem solving courts, as well as data and digitalisation in the Family Court. The Chief Executives of the Children and Family Court Advisory and Support Service (Cafcass) (Jacky Tiotto) and the Nuffield Family Justice Observatory (Lisa Harker) will also appear before the committee.