Havilah Legal presents a slideshow on the process of divorce when step children and step-parents are involved.

1. Divorce and Step Children
Understanding How the Law Impacts Blended Families
Presented by Perth’s experienced Family Lawyers - Havilah Legal

2. What is a
step-parent?
The term "step-parent "is defined in the
Family Law Act 1975 to mean a person
who, in relation to a child:
a) is not a parent of the child; and
b) is or has been married to, or is or
was a de facto partner of a parent of
the child; and
c) treats, or at any time while married
to, or as a de facto partner of the
parent (this includes same-sex
couples) treated, the child as a
member of the family.

3. Does a step-parent
have legal
responsibility for
step-children?
● Although step-parents often perform
parenting roles, they do not assume
any legal parental responsibility for a
child under the law.
● Accordingly, step-parents do not have
any legal rights with respect to parental
responsibility for a child and if a
partner dies, the step-parent will not
assume parental responsibility for any
stepchildren.
● Instead, parental responsibility will
pass to the step-child’s surviving
biological parent.

4. What happens if
the parties
separate or
divorce?
In times of separation and divorce, there
are a number of legal considerations
specific to step-parents.

5. What happens if
the parties
separate or
divorce?
In relation to child support, the child’s biological
parents have a primary duty to support him or her.
However in certain circumstances, a court can order a
step-parent to pay child support for a stepchild.
In making such an order, the court would have regard
to the following:
● the level of financial support provided by the
child’s biological parents;
● the length and type of relationship the
step-parent had with the child’s biological parent
and how the child was financially supported
during that time; and
● the relationship between the step-parent and the
child.
The court can also look at any other circumstances
which it deems to be relevant.
Child Support

6. What happens if
the parties
separate or
divorce?
● It is obviously better to try to reach an
agreement with the biological parents of
the child regarding visiting rights by a
step-parent. However if agreement is not
possible, an application can be made to the
court.
● Under the Family Law Act, children have a
right to spend time and communicate on a
regular basis with any person who is
significant to their care, welfare and
development. This can include step-parents
if the court so determines.
● The court will make a decision based on
what it considers to be in the child’s best
interests.
Visiting Rights and Custody

7. What happens if
the parties
separate or
divorce?
● If the biological parent who is also the partner
of the step-parent dies, the step-parent can
seek an order from the Court to have the
stepchild live with them. However they are
only likely to obtain such an order if the
child’s surviving biological parent does not
want custody or is otherwise unable to
provide proper care for the child.
● The court will always attempt to ensure that
the child has a proper and ongoing
relationship with his or her biological parent.
● If there’s a dispute over custody and
guardianship of the step-child, the Family
Court will make its decision based on what it
deems to be in the child’s best interests.
Visiting Rights and Custody
(Continued)

8. Always Seek Legal
Advice
Before deciding what to do, you
should always seek legal advice. An
experienced family lawyer can help
you understand your legal rights and
responsibilities, and explain how the
law applies to your case.
A lawyer can also help you to try to
reach an agreement with the other
party without going to Court.

9. Want to Find Out More?
For more information visit federalcircuitcourt.gov.au or contact our experienced
divorce lawyers in Perth today.
Presented by Perth’s experienced Family Lawyers - Havilah Legal
(Disclaimer: The material in this article is of a general nature and intended for information only. It is not intended to be
comprehensive and does not constitute legal advice. Any person with a specific legal issue should consult a lawyer.)