Parental Responsibility in Blended Families

Blended families, where one or both partners have children from previous relationships, are becoming increasingly more common in Australia. According to the latest census, 12% of all couples with dependent children are classified as blended families. This has introduced unique legal challenges to parenting arrangements, particularly in light of recent legislative amendments. Key reforms in the Family Law Amendment Act 2023 change the presumption of equal shared parental responsibility to a more nuanced approach to the assessment of the best interest of the child. This article explores the legal principles governing parental responsibility in blended families, including the court’s approach to recent cases and the growing recognition of the importance of stepparent relationships.

Legal position of blended families

When co-parents re-partner and form new family units, this has no immediate effect on existing legal relationships. The legal rights of the biological parents are not displaced by the new relationship, and the child does not gain any automatic legal relationship with a stepparent. However, in some cases, separated parents may wish to change the existing parenting arrangements after they re-partner, especially if they want to move to a new location. Not surprisingly, this desire for change is not always met with enthusiasm by the other parent.

Parents who need assistance to reach an agreement following re-partnering can apply to the Federal Circuit and Family Court of Australia (‘the court’) for new parenting orders. The court decides parenting matters such as living arrangements, decision making and financial support according to the guidelines contained in the Family Law Act 1975. Regardless of the complexity of the family composition, the court will decide the matter according to the same fundamental principles as any other parenting matter. The court will focus on the best interests of the child, including the significance of maintaining relationships with anyone who is important to the child.

Rights of stepparents

While the rights and responsibilities of biological parents are largely defined, stepparents do not have automatic recognition under family law. The court can recognise a meaningful relationship between a child and a stepparent, particularly if the stepparent has been the main caregiver of the child or there are formal agreements between the biological parents and the stepparent. The court can even make an order that a stepparent should exercise sole parental responsibility for a child if that is in the best interest of the child.

Of course, in most cases, a stepparent will never seek formal parental responsibility for a child who already has two parents. However, even in that circumstance, if a child lives in the stepparent’s home, they have a responsibility to care for the child and keep them from harm. In some cases, a stepparent may even become financially responsible for their stepchildren. If the blended family relationship ends, the court may even order the stepparent to pay child support and child maintenance, although the court will be conscious of the fact that the stepparent has no parental responsibility for the child.  

The court’s primary consideration in any parental dispute is the best interests of the child, but determining these interests in a blended family context can be particularly complicated. Since 6 May 2024, the court has handled and assessed parenting matters according to a set of legislative amendments that focus on a more flexible approach to determining what is best for a child.

One of the most significant changes is the shift away from presuming that it is in the best interests of the child for their parents to share equal responsibility for them. Instead, the court considers the child’s emotional, developmental and cultural needs and whether having a relationship with both parents (or other significant people such as stepparents) is safe for the child and in their best interests.

These amendments are particularly significant for blended families, where children may have multiple stepparents and multiple caregivers, all of whom may be important people to the child. These amendments also acknowledge that the dynamics of family relationships can be different for indigenous children. The amendments also abolish the hierarchical distinction between ‘primary’ and ‘additional’ considerations in parenting decisions. Previously, the child’s safety and their relationship with both parents was prioritised over other considerations, but the new framework gives all factors equal significance. This means the court can be more flexible when weighing considerations such as the child’s expressed views, cultural background and blended family dynamics. The court can make parenting orders in favour of any adult, including a stepparent, who is concerned with the welfare, care and development of the child.

When considering a case involving a blended family, the court will look at factors such as:

• the child’s relationship with their biological parents
• the child’s relationship with other members of the blended family, such as stepparents, stepsiblings, and halfsiblings
• whether there are any allegations of abuse against members of the blended family such as stepparents or stepsiblings
• the views of the child
• the living and care arrangements of the child and other children in the family, and
• the potential effect on the child’s life of any proposed order.

Blended families in Australia face a challenging set of legal considerations, and it is sometimes important to establish clear parental responsibilities and roles. More often, however, children flourish in environments where they have many people who care about them and are invested in their best interests, without the need for legal definition of these roles.

For any legal advice on parental responsibility or the implications of blended family dynamics, please contact Go To Court Lawyers on 1300 636 846.