Can a step-parent make an application to the Court for a step-child to live with him/her?

CAN A STEP-PARENT MAKE AN APPLICATION TO THE COURT FOR A STEP-CHILD TO LIVE WITH HIM/HER?

The simple answer is Yes as long as the step-parent can show the Court that he/she is concerned with the care, welfare or development of the step-child.

The following is guide only on the position of step-parents:

1. As many families may be a mixture of biological parents and step-parents, there are circumstances when a step-parent wants to apply to the Court for parenting orders for a step-child. The Family Law Act does not specifically provide for step-parents.
2. A step-parent who has adopted the step-child would be a parent under the Family Law Act and the Act does provide for an adoptive parent as adoption results in the adoptive child being legally the child of the adopted parent.
3. A step-parent who has not adopted the step-child will have to rely on Section 65C (c) of the family law act which provides that any person concerned with the care, welfare or development of the step-child.
4. The Court will make a decision on whether the step-parent is person concerned with the care, welfare or development of his/her step-child as a first step. The step-parent must be concerned at the time of the application.
5. A step-parent may not have been concerned about the care, welfare or development of a step-child at an earlier time but circumstances, for example, the death of a biological parent and a asserted risk to the step-child from the surviving biological parent, may have resulted in the step-parent being now concerned with the care, welfare or development of the step-child.
6. If the Court decides that the step-parent is concerned with the care, welfare or development of his/her step-child then it will decide on what Orders, if any, should be made.
7. Whether the Court makes any Orders and what those Orders are will be determined on what is in the best interests of the step-child.
8. To determine what is in the best interests of the step-child, the Court examines a number of factors, giving primary consideration to the need to protect the step-child from physical or psychological harm and for the child to have a meaningful relationship with any biological parent.
9. Other considerations include the relationship between the step-child and:
   1. the step-parent; siblings; and extended members of the family.
   2. The views of the step-child;
   3. any issues of abuse and the need to protect the step-child;
   4. financial support for the step-child;
   5. difficulties on communication or spending time;
   6. any other considerations relating to the specific circumstances relating to the step-child; step-parent; biological parent; or other matter.
10. In addition to the issue of what time, if any, a step-child spends with a step-parent, the step-parent may apply for an order that the step-parent has sole or equal or some other responsibility for the major decisions relating to the step-child.

Kathy can provide advice on parenting issues. Please contact Kathy on 0418 285 307 or send her an email at: pittwaterfamilylawyers@gmail.com