Key Facts
- •A (stepmother) applied for parental responsibility for X (born 2008) and Y (born 2012), children of B (biological mother) and C (biological father).
- •A and B share the same surname.
- •B and C had previously agreed to a shared care arrangement following their separation in 2017.
- •A has lived with B and the children for a considerable time, acting as a significant caregiver since at least 2014.
- •A's application was supported by her close bond with the children, and the practical necessity of her involvement in emergencies.
- •B opposed the application, citing concerns about past conflicts, potential marginalisation, and the risk of increased future disputes.
- •The court heard witness statements from A and B, and no oral evidence was presented.
Legal Principles
Parental responsibility is defined by section 4 (specifically 4A) of the Children Act 1989.
Children Act 1989
Parental responsibility involves both the day-to-day care of a child and a significant emotional connection.
Case law referenced but not explicitly named in judgment.
The paramountcy of the child's welfare is the guiding principle in all decisions concerning parental responsibility.
Children Act 1989, section 1(3)
Granting parental responsibility to one person does not divest another of their parental responsibility.
Case law referenced but not explicitly named in judgment.
The court should consider the degree of commitment, attachment, and the reasons for the application when determining parental responsibility.
Case law referenced but not explicitly named in judgment.
Section 3(5) of the Children Act allows individuals caring for a child on behalf of a parent to intervene in emergencies.
Children Act 1989, section 3(5)
Outcomes
The court granted A parental responsibility for X and Y.
The court found that A had a strong emotional bond with the children and played a significant practical role in their lives. The court considered that granting parental responsibility would enhance, not detract from, the children's well-being and provide them with stability and legitimacy.