Blended families are now a familiar part of Australian life, but when separation or custody disputes arise, the role of a stepparent can become legally complex. So, what are the rights of stepparents in custody cases? 

While stepparents often take on parenting responsibilities and form strong emotional bonds, their legal rights are not the same as biological or adoptive parents. This guide explains the custody rights of stepparents in Australia, how the Family Court views their role and what steps they can take to maintain a meaningful relationship with the child.

Quick Overview: Stepparents Custody Rights in Australia

Unlike biological parents, stepparents do not have automatic parental responsibility or custody rights under Australian law. However, the Family Law Act allows ‘any other person concerned with the care, welfare and development of the child’ to apply for parenting orders. This opens the door for stepparents to seek legal standing in custody matters.

Who Is Considered a Stepparent in Australia?

Under the Family Law Act 1975, a stepparent is defined as someone who:

• Is not the biological parent of the child and
• Is or has been married to or in a de facto relationship with one of the child’s parents.

The relationship must be significant and ongoing to be recognised legally. Simply dating a biological parent usually does not grant a person stepparent status.

When Can Stepparents Apply for Custody or Visitation?

Stepparents can apply for parenting orders in situations, such as:

• A separation or divorce from the child’s biological parent
• The death or incapacity of the biological parent
• An ongoing meaningful relationship with the child that would be negatively impacted without court intervention

Courts assess each case on its individual merits and focus primarily on the best interests of the child.

The Role of Parenting Orders

Parenting orders can set out:

• Who the child lives with
• How much time they spend with each party
• Who is responsible for specific aspects of parental decision-making

Stepparents seeking these orders must file an application with the Federal Circuit and Family Court of Australia (FCFCOA) and demonstrate a substantial connection with the child.

What the Court Considers

When assessing an application by a stepparent, the court will evaluate:

• The nature of the relationship between the stepparent and the child
• The length of time the stepparent has been involved in the child’s life

• The child’s views, depending on their age and maturity
• The impact of separation from the stepparent
• Any history of family violence or risks to the child’s safety

The child’s best interests remain the paramount consideration in every family law matter.

Can Stepparents Get Sole Custody?

While rare, there are situations where the court may grant sole parental responsibility to a stepparent. For instance, if both biological parents are deceased or deemed unfit due to abuse, neglect or incapacity. In such circumstances, stepparents may also seek legal guardianship or even adoption, although the latter involves a more complex process and requires the termination of parental rights of the biological parents.

Blended Family Disputes and Mediation

Before heading to court, parties are generally required to attempt Family Dispute Resolution (FDR) unless exemptions apply (e.g., family violence). Mediation can help stepparents and biological parents reach an agreement that acknowledges the ongoing role of the stepparent in the child’s life.

Protecting the Stepparent/Child Relationship

Here are some steps stepparents can take to strengthen their position:

• Maintain an active and positive relationship with the child
• Document shared responsibilities (e.g. school pickups, medical appointments)
• Avoid conflict with the biological parent when possible
• Seek legal advice early

Stepparents and Child Support

Stepparents are not usually required to pay child support, unless:

• There is a court order
• The stepparent has legally adopted the child

However, they may voluntarily contribute to the child’s care, which can support their case when applying for parenting orders.

Final Thoughts

While stepparents may not have automatic rights in custody cases, the law recognises their role in a child’s life when it’s in the child’s best interests. With the right legal advice and approach, stepparents can take meaningful steps to secure their place in the child’s future.

Need Help Navigating Custody as a Stepparent?

At Johnsons Law Group, we understand how important it is for stepparents to preserve their bond with the children they love. Our experienced family lawyers can assess your unique circumstances and help you explore your legal options, from negotiation and mediation to court representation.

Contact us today or call us on 02 9600 7277 to discuss your stepparent custody case.