Key insights
- Blended families are increasingly common, with 12% of Australian couple families with children now step or blended structures
- A blended family typically includes children from previous relationships and children from the current relationship
- Biological parents retain legal parental responsibility, while step-parents do not automatically have decision-making authority
- Step-parents can apply for parenting orders, but these are only granted where it supports the child’s best interests
- Child support is usually the responsibility of biological parents, with limited exceptions for step-parents
- Step-children do not automatically inherit unless included in a valid will or through adoption
- Estate planning becomes critical when forming a blended family to avoid unintended outcomes
- Step-parent adoption is possible but requires court approval and must be in the child’s best interests
- Formalising arrangements through parenting plans or consent orders can reduce future disputes
- Seeking legal advice early helps you clarify roles, protect children, and avoid costly complications later
As the stigma attached to divorce becomes a relic of the past, more Australian families are restructuring themselves. Today, families come in many different forms. We’re here to guide you through the legal considerations that may arise when creating a new blended family.
Not all relationships last forever, and today adults feel empowered to make changes in their relationship when they consider it’s time to move forward. In Australia in particular, divorce became much more common after the introduction of no-fault divorce in the mid-1970s and remains a regular feature of family life today, rather than the rarity it once was.
Although divorce is common and accepted in the modern world, there are other things to think about, in particular, how a divorce might affect any shared children. Australian data indicates that about 25% of children here will experience separation or divorce before the age of 18. And should one of the parents move in with a new partner or remarry and have another child, this would create a blended family.
Blended families can not only face tricky emotional and practical challenges, but there are also legal considerations to take into account. Issues can arise around custody, practical arrangements for the care of the children, financial responsibility, adoption, and even inheritance. It’s important to understand some of the legal matters that might impact your new family structure and the best way to navigate those.
What is a blended family?
The Australian Bureau of Statistics (ABS) defines a blended family as the family of a couple that includes ‘two or more children, of whom at least one is the natural or adopted child of both members of the couple, and at least one is the stepchild of either partner in the couple.’ An example of a blended family would be a couple that marries, where the husband already has a child, and then the couple together have another child.
A similar but important distinction, a step-family is defined as the family of a couple that includes ‘one or more children, at least one of whom is the stepchild of one of the partners in the couple, and none of whom is the natural or adopted child of both members of the couple.’ An example of a step-family is where a couple marries, and both the husband and the wife have children from a previous relationship, but none together.
Although there is a distinction for government statistic and legal regulation purposes, for simplicity in this guide, we use ‘blended family’ as an umbrella term.
Legal issues in blended families
As at the 2021 ABS Census, 12% of Australian couple families with children were either step- or blended families. So, understanding the legal issues that could come up is important, from parental responsibilities to your options for adoption.
Parental responsibility and custody rights
In a typical Australian blended family, both biological parents share the legal responsibility for children under the age of 18, unless there are any orders to the contrary. Step-parents, on the other hand, do not automatically have legal parental responsibility. So generally, and unless there are court orders defining responsibilities, this means that any major long-term decisions for a child will need to be discussed between both biological parents, who are also expected to make a genuine effort to reach an agreement.
The types of decisions that will need to be discussed are things such as where they live or which school they attend, major medical treatment or religious upbringing, for example. Of course, in an emergency, if only one bio parent is available, they can generally make the required medical decision. And if only the step-parent is available, the law allows any adult caring for the child at the time, including step-parents, to make that decision as well.
Additionally, and in the absence of a court order to the contrary, each parent can make day-to-day decisions without consulting the other biological parent independently while the child is in their care. This includes things like meals, clothing and ordinary routines.
Step-parents are recognised as ‘relatives’ or as a ‘person concerned with the care, welfare and development of the child’, so they can apply to the Family Court for parenting orders in the event they separate from the biological parent. If these are granted, after a consideration of what is in the child’s best interests, they could give the step-parent parental responsibility or set out certain limited arrangements where they have some rights, like allowing the step-parent to receive school or medical information, or for the child to spend some time with them, for example.
Courts typically only grant step-parents parental responsibility in limited situations, for example, if a biological parent has died or is absent for some other reason.
Child support obligations
Child support is another area that can become more complicated when families combine. However, in Australia, it’s usually the responsibility of the biological parents and step-parents aren’t usually required to pay this.
Of course, the Court may order a step-parent to pay child maintenance in some very narrow situations. For example, if a stepchild was financially supported during the step-parent’s relationship with their biological parent, and the couple had been together for a long time, the court might consider an order that the step-parent provide financial support for that child.
However, in all cases, the Court will look at what is in the best interest of the child.
Inheritance, wills and estates
Inheritances are another legal matter that can become more complex when blended families are involved. In many states, including NSW, the law is clear about how step-children are treated. In the event of a step-parent’s death, a step-child has no automatic entitlement to an inheritance, unless they were specifically named in a will. They could contest the will, but whether or not it’s successful will depend on the facts, as well as the law in their state or territory.
However, where it becomes more confusing is the situation where a biological parent dies, and their estate then goes to the new spouse. In some cases, this can effectively, even if unintentionally, cut out any biological children from a first relationship, particularly if no planning has been put into place.
Typically, this isn’t the desired outcome. So, the best approach, whenever you’re planning on blending families, is to meet with a lawyer to make sure your estate planning reflects your intentions. You’ll likely need to update your will or even consider a testamentary trust to protect the interests of all your intended beneficiaries.
If the step-parent adopts a child or names them in their will, they’ll be treated the same as a biological child for inheritance purposes.
Step-parent adoption
In each state, a step-parent can adopt their step-child in specific circumstances, such as if the non-custodial parent gives consent or the court has ordered it unnecessary. Above all, the court must deem that the adoption is in the child’s best interests, both now and into the future.
The legislation for adoption varies across states, so be sure to consult a legal team within the relevant jurisdiction. However, typically, the step-parent will first need to apply for permission from the Family Court. Then they’ll need to undergo a series of assessments to check for suitability. Finally, the Court will decide if adoption is in the best interests of the child.
If adoption doesn’t feel like the right choice, necessarily, the step-parent can apply for a parenting order setting out parental rights. This would grant the step-parent some legal rights and responsibility for the child without going through the lengthy adoption process.
Legal tips for successfully blending families
Blending families can raise legal considerations. But taking a proactive approach can support a smoother transition and help minimise any negative outcomes from forming a blended family.
- Encourage open, respectful communication – while not a legal issue per se, the better your communication, the easier it will be to have a strong blended family
- Set expectations and clarify roles and responsibilities, particularly between step-parents and step-children – clarify each person’s parental responsibility early – understand who has legal decision-making authority and when consent from another parent is required
- Formalise arrangements – consider setting up parenting plans, or getting consent orders, in order to reduce uncertainty and avoid more disputes in the future
- Review and update your will or estate planning – you’ll want to make sure this reflects your current family structure and intentions, and takes into account future changes, for example, if you decide to have a child with your new partner.
- Understand your financial obligations – make sure that you’re clear on who has child support responsibilities and who has responsibility for meeting all other expenses associated with raising children.
- Keep records – keep track of your agreements, contributions and decisions made between parents, as this can be important if disputes arise later
- Seek legal advice early – getting guidance upfront can help you avoid unintended consequences later on
Support and resources
Blending families isn’t always completely straightforward. But there is always help available to make the transition smoother for everyone.
Available services include:
- Family mediation
- Counselling
- Community groups and support networks
- Legal services specific to blended families
When to seek legal advice
Whether you’re the parent seeking to form a blended family, or your ex-partner is moving in with their new partner, you should seek legal support.
By reaching out to family law experts as early as possible, you can ensure the correct legal procedures are in place and as many considerations as possible have been addressed. This will help minimise any issues arising in the future.
Even if there are no disputes or tensions between parties, legal guidance is highly recommended. An experienced lawyer will be able to explain everyone’s legal rights and responsibilities. They can also answer all of your ‘what ifs’ about the future.
This will give you the best chance at achieving the outcome you want and protecting the best interests of the children.
Next steps
A blended family can be a wonderful arrangement when there is mutual respect and open communication. Children can benefit from a larger support network, additional positive role models and bonus siblings. It can also help them to become more adaptable and resilient.
The key is to keep the best interests of the children as everyone’s number one priority. Work on maintaining connections, deepening relationships, allowing the children to voice concerns and remaining patient. All change takes time.
If you or your ex-partner is forming a blended family, reach out to our team for help. As experienced family lawyers, we’re happy to provide legal guidance and support. We can advise you on the best steps for your unique situation.
Get in touch with our expert family law team today if you’re blending a family. We’re here to help.
FAQs about blended families
Can a step-parent adopt a step-child?
Yes, in certain cases. Typically, the court will seek to entrust legal responsibility to the biological parents. But in cases where this isn’t possible or isn’t in the best interests of the child, then a step-parent may receive custody and legal responsibility. An example is if both biological parents pass away or there is a history of violence.
What happens if one parent disagrees with the step-parent’s decisions?
Typically, but subject to any Family Law order, the legal responsibility – and therefore the ability to make major, long-term decisions – rests with the biological parents. They must come to an agreement on important matters like where the child will live or which school they’ll attend.
A step-parent living in the household with the child can make day-to-day decisions about their care, but has no authority over important issues.
How is child support calculated with step-parents in the mix?
Financial responsibility for the children is usually shared between the biological parents. A step-parent typically won’t have to pay any child support for a step-child.
However, a court may order them to contribute in certain cases, such as if the child’s biological parents are unable to provide for them, or if the step-parent has officially adopted them. Step-children can sometimes impact a step-parent’s child support assessment for their biological children.
What is the hardest age to blend families?
Blending families is highly subjective, and there is no right or wrong time to blend a family.
However, some experts believe that the early teen years can prove particularly difficult. This is because children are starting to become independent and test boundaries, while still needing supervision and guidance. Therefore, they may resist the authority of a new parental figure and major changes like moving house or school.
Younger children are believed to adapt more easily, and older children need less parenting in general, which can minimise upset.
But of course, every family and child is different. The key is to encourage open communication and take the transition slowly and respectfully. Lower your expectations and focus on the positives where you can.
