Q&As

A residence order was made in relation to a step-parent for their step-child to live with them. The step-parent and the child’s mother lived together with the child, but they later separated and the child remained with the mother with the step-parent having contact. Does the step-parent still have parental responsibility for the child and what would be their status in any local authority care proceedings? Would section 11(5) of the Children Act 1989 have any impact on the residence order?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 01/09/2020

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A residence order was made in relation to a step-parent for their step-child to live with them. The step-parent and the child’s mother lived together with the child, but they later separated and the child remained with the mother with the step-parent having contact. Does the step-parent still have parental responsibility for the child and what would be their status in any local authority care proceedings? Would section 11(5) of the Children Act 1989 have any impact on the residence order?

Where a court makes a child arrangements order, pursuant to section 8 of the Children Act 1989 (ChA 1989), for a child to live with a person who is not the parent or guardian of a child, that person shall have parental responsibility for the child while the order remains in force so far as providing for the child to live with that person (ChA 1989, s 12(2)). The person will retain parental responsibility for so long as the order for the child to live with them remains in place.

In the scenario of this Q&A, the step-father has obtained parental responsibility as a result of an order that the child should live with him. Unle

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