LEGAL EAGLE: Guidance on seeking parental responsibility for a wife's child from a previous marriage

My wife and I have been married for five years and we have two wonderful children who live with us – a 10-year-old girl, Summer, from my wife’s first marriage, and a 12-year-old boy, Daniel, from my first marriage. My wife has been diagnosed with terminal cancer. Will I still be Summer’s father?
By Andrew Freckleton
Published 22nd Aug 2023, 10:00 BST
The mother of the child always has parental responsibility. The father of a child will acquire PR in a variety of ways. Photo by PAThe mother of the child always has parental responsibility. The father of a child will acquire PR in a variety of ways. Photo by PA
The mother of the child always has parental responsibility. The father of a child will acquire PR in a variety of ways. Photo by PA

Parental responsibility (PR) is defined as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’.

The mother of the child always has PR. The father of a child will acquire PR in a variety of ways.

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As it stands, you do not have PR of Summer. As a stepfather, some of the ways in which you can acquire PR are not available to you.

Dependent on your wife’s condition, you could enter into a PR agreement. If Summer’s biological father holds PR, he will need to agree.The Children Act 1989 enables the court, on the application of a step-parent, to order that the step-parent has PR for the child. The requirement is that you will need to be married to your wife to apply. This will end not only on divorce but also death.The other option is a Child Arrangements Order that provides for Summer to live with you. You could apply as Summer has lived with you for at least three years. You would be able to make this application whether you remain married or not.

You could also apply for a Special Guardianship Order on this basis. The most significant difference being that on the making of an order you have an enhanced PR. This means you make the final decisions if there was dispute between those with PR.

The consent of the biological father would provide significant support for either of these orders.

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Alternatively, your wife could make a will and name you as Summer’s guardian.

A guardian is someone who has been formally appointed to take the place of the child's deceased parent. This would take effect on the death of your wife.Appointment as a guardian can also be achieved by an application to the court by any individual who wishes to become the guardian to a child. You do not need permission to apply. In this case, Summer’s welfare would remain the paramount consideration of the court in their decision making.For further advice, contact Ben Hoare Bell LLP solicitors on 0191 565 3112 or email [email protected]

Visit www.benhoarebell.co.uk for further information.

Related topics:summer