Sounds like you? Under the new Care of Children Act, you can be appointed as an additional guardian of your step-children if you are an “eligible partner” In many cases, this can be done simply by filing the required documents with the Registrar of the Family Court and without a court hearing. You will qualify for this process if you have:
• shared the responsibility for looking after the children for at least one year;
• never been involved in proceedings concerning a child under a family law or related Act;
• never been a Respondent in domestic violence proceedings; and
• never been convicted of an offence involving harm to a child.
Once you have become an additional guardian, you will have all the rights and responsibilities that come with parenthood.
These may include the role of providing day-to-day care for the children, contributing to their development and determining for or with the children important matters affecting them.
These matters include their surname, where they will live and what school they will go to.
To become an additional guardian by this mechanism, all guardians must agree. In some cases, this will require getting the other natural parent’s consent.
The child’s views must also be obtained where it is reasonable to do so and you are required to make a statutory declaration that, among other things, the appointment is conducive to the welfare and best interests of the children involved.
Blended families now make up about 50% of all households. If you are a step-parent, take the first step to becoming a guardian for your children and come and talk to us today!
Janet Robertshawe is a member of Preston Russell Law's family law team. Contact her by clicking here
