Introducing a New Partner to Your Children
Introducing a new partner to your child is a significant milestone in any relationship, requiring careful planning and a sensitive approach. While this can be exciting for the parent, child and new partner, the child’s other parent may have strong reservations about a new adult being introduced into the family. Under the Family Law Act 1975, parents are not obligated to inform their former partner before introducing a new partner to the children. However, it is good practice to let a former partner know, especially if the children are very young or it is likely that the new partner will play a significant role in their lives in the future.
How long should I wait to introduce my new partner?
Some co-parents have a formal agreement in place regarding introducing new partners to children. For instance, there may be an agreement in the parenting plan or consent orders that neither parent will introduce the children to new partners, unless the relationships reach certain milestones, or they gain the consent of the other parent.
In the absence of such a legal agreement, a parent can generally introduce their children to anyone without the other parent’s permission. There is no legally established time when it is appropriate to introduce a new partner to children, but as with every decision, a parent should approach the matter with the intent to prioritise the child’s emotional well-being. It is difficult to predict how much emotional and psychological impact a new relationship will have on a child.
Can I prevent my children from being introduced?
If the other parent believes that an introduction is not in the child’s best interests, they can seek a court order to prevent it taking place. They may even seek a new parenting arrangement based on concerns about the new relationship.
Because family law in Australia works around the premise of the best interests of the child, a new partner in the parent’s life may be the basis for changing the existing parenting arrangements. The Federal Circuit and Family Court of Australia (‘the court’) and the Family Court of Western Australia will usually agree to review existing parenting agreements after any significant development in a child’s life, which would be the case if a parent’s new partner impacted the child’s lifestyle, living arrangements, or environment.
Certainly, a parent may ask the court to urgently re-evaluate the existing parenting arrangements if they believe that the new partner is in some way a threat to the child or could be detrimental to the child’s best interests. In such cases, a new court proceeding would be held to assess the new partner’s character, the child’s experience and views, and certainly the potential for violence in the home. Parenting arrangements may also be changed if there are substantiated concerns about the new partner’s criminal history or substance abuse.
Can a new partner be a positive factor for children?
The court values routine and stability for children, and as such it is a valid concern that a new partner may disrupt a child’s established routine or cause instability. However, this is certainly not the case for every child, and the court is fully aware that in some cases the presence of a new partner may actually introduce greater stability to the household. Indeed, if the child forms a strong and supportive bond with the new partner, the presence of another caring adult in the home could improve the parent’s position in terms of parenting arrangements.
In the best-case scenario, the presence of another adult can act as a support to both parents. The parents may even agree between themselves to modify childcare arrangements if it is in the best interests of the child. For instance, a new partner may be willing to help with school pick-ups and drop-offs in a way that is convenient for all parties.
However, it is important for everyone involved to know that if a new partner moves in with the family, or even if they marry a parent, this does not grant them any legal rights over the children. It also does not presume that they are financially responsible for the children. However, if the partner lives with the family for an extended period and plays a significant role in the care and upbringing of the children, they may be legally recognised as a “de facto parent”. In some cases, a stepparent will legally adopt the child, thereby acquiring rights akin to a biological parent.
The question of whether and when to introduce a new partner to children is somewhat dependent on the child’s age, the seriousness of the new relationship and the circumstances of each family. It is essential to strike a balance between the parent’s inclination and the child’s emotional readiness. Please contact our experienced family law solicitors if you have questions about how parenting arrangements will be impacted by the introduction of new partners to a family. Call Go To Court Lawyers on 1300 636 846 today for any assistance.