Children Act 1989, section 4A

Acquisition of parental responsibility by step-parent

Part I Introductory

(1) Where a child’s parent (“parent A”) who has parental responsibility for the child is married to [F17 , or a civil partner of, F17] a person who is not the child’s parent (“the step-parent”)—

(a)parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or

(b)the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child.

(2) An agreement under subsection (1)(a) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4.

(3)A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application—

(a)of any person who has parental responsibility for the child; or

(b)with the leave of the court, of the child himself.

(4)The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.F16]

Definitions used in section 4A 6

child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
parental responsibility agreement

“parental responsibility agreement” has the meaning given in sections 4(1) , 4ZA(4) and 4A(2) ;

Defined in s.105(1) · see it in the full Act

Cases considering section 4A 11

A v M & Ors

[2024] EWHC 2020 (Fam) · 31 July 2024

The court determined the step-parent’s application under section 4A(1)(b), which permits the court, on the application of a step-parent, to order that the step-parent shall have parental responsibility. The provision supplied the jurisdictional basis for the application (see para [13]).

S (A Child), Re (Rev 1)

[2013] EWHC 1295 (Fam) · 17 May 2013

Applies the flexible power to confer parental responsibility on a step-parent where the other party agrees or the court orders it. The court granted parental responsibility to the father because of his commitment and attachment to S and his status in Colombia. (see paras [62]-[63])

R v R

[2011] EWHC 1535 (Fam) · 15 June 2011Interprets

Interprets the court’s power to grant parental responsibility to a person married to the child’s parent as extending beyond the paradigm incoming step-parent case, but limits its exercise by the child’s future welfare and the risk of conflict. (see paras [35]-[40])

What each judgment says about section 4A is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F16S. 4A inserted (30.12.2005) by 2002 c. 38, ss. 112, 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  2. F17Words in s. 4A(1) inserted (30.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(2); S.I. 2005/3175, art. 2(9)