Under the Family Law Act, step-parents do not automatically assume as of right legal parental responsibility for step-children even though they may carry out parenting roles.

Under the legislation, parental responsibility in relation to a child means all the duties, powers, responsibilities and authority, which by law, parents have in relation to children.

Unless step-parents formally assume legal parental responsibility, they are unable to authorise medical care, apply for passports or birth certificates or sign authority or permission forms in relation to the child’s school or education.

Step-parents can formally and legally assume that role by adoption, by an application to the court for a parenting order or a consent order from the Federal Circuit Court or Family Court.

Adoption can be the more expensive and drawn out option.

The Family Law Act allows “any other person concerned with the care, welfare and development of the child” to make an application to the court for a parenting order.

The types of things that can be dealt with as part of parenting orders include:

• Where the child lives;
• When the child spends time with specified persons;
• Who holds the parental responsibility for the child;
• Communication issues;
• Maintenance issues; and
• Other issues related to the care, welfare or development of the child.

For more information in the meantime, please contact Richard Callaghan from our Family Law Team on 07 4911 0500 or visit www.kellylegal.com.au