Blended Famlies

Blended families are very common in Australia, and they include families with step-parents, step-children, step-siblings or half-siblings. The dynamics present in blended families can be a consideration in family law matters, particular as children develop close and loving relationships with their step-parents, and their step-parents family. These relationships are important to children. 

Under the Family Law Act 1975, a step-parent is defined as a person who is not a parent of the child and is, or has been, married to or a de facto partner of a parent of the child and treats the child as a member of the family formed with the parent. 

Of course, it is important to consider the individual circumstances of each matter as blended families can impact how the court determines what parenting arrangements are in the best interests of the children.

Determining what is in the child’s best interests

When the Court is tasked with determining what is in the best interests of children, it must consider various factors and these are known as section 60CC(2) considerations. Those considerations are as follows: 

1. What arrangements would promote the safety of the child and each person who has care of the child; 
2. Any views expressed by the child; 
3. The developmental, psychological, emotional and cultural needs of the child; 
4. The capacity of each person who has or is proposed to have parental responsibility for the child to providing for the child’s needs as outlined above; 
5. The benefit of the child of being able to have a relationship with the child’s parents, and other significant people in the child’s life wherever safe to do so; and 
6. Any other relevant circumstances. 

As highlighted in the considerations above, a consideration which is relevant to blended families is the benefit of the child of having a relationship with significant people in the child’s life. This includes the child’s step-parents, and the step-parent’s family. 

Furthermore, as the safety of the child is paramount and addressed throughout section 60CC, any family violence involving the child or a member of the child’s family will be taken into consideration. This may include the child’s blended family to assess risk factors.  

Therefore, it is important to properly address the circumstances of your blended household, including information about the child’s relationship with their blended family, when preparing your matter to be considered by the court. 

Other parenting issues

Aside from the impact of blended families on the determination of what is in the best interests of children, one of the most common issues about blended families that we come across as family lawyers is how to introduce a child to a new partner or their children.

Whilst every case is different, and there is no one recommended course to introduce a new partner to a child or children, we typically recommend discussing the potential introduction with the other parent. This will help ensure that the approach is consistent, and the other parent is notified of important changes in the child or children’s lives. Of course, not every co-parenting relationship is amicable and in those circumstances, it may be of utility to engage a qualified expert such as a counsellor or therapeutic professional to assist with how to approach the introduction of a new partner, or if the child or children are having difficulties adjusting to the prospect of a blended family. 

Lastly, step-parents can play a vital role in the life of a child/ren and may have been involved in much of the child/ren’s life. A step-parent may apply for Parenting Orders for the child as a person concerned with the care, welfare or development of the child. The court must determine the best interest of the child when considering an application for parenting orders made by a step-parent.