Chapter four Step-parents
4.1 Step-parenthood has become increasingly common as a consequence of higher levels of separation, divorce and second partnership formation. Higher rates of couple dissolution and reformation also affect intergenerational relationships. For example, step-parents and co-resident partners (including same sex partners) may become involved in parenting roles for co-resident children despite not being their biological parent. The degree to which step parents should and do take on a parental role and act as a social parent for their step children are both variable and controversial.
4.2 However, at present step-parents have no legal rights, as defined in the Children (Scotland) Act 1995, in respect of their step-children and we know little about what the public considers the moral obligations of step parents to be in the event of couple dissolution. At present, a step-parent can apply to the court to grant formal parental responsibilities and rights, but otherwise do not have other means of acquiring legal parental responsibilities and rights.
4.3 In the consultation following the publication of the Scottish Executive family law White Paper, Parents and Children (2000), views were sought about whether to introduce into Scots law a Step-parent Parental Responsibilities and Parental Rights Agreement, which would allow a married step-parent, if those who already had parental responsibilities and rights (normally a child's birth parents) all agreed, to assume full parental responsibilities
and rights without the necessity of applying to a court. Since no consensus emerged from the consultation, this proposal has not found its way into the Family Law (Scotland) Bill.
4.4 In this chapter, we present findings on what the public think about some norms and parental responsibilities of step-parents, based on several scenarios that raise different parenting issues, both while a stepfamily is intact, and when a stepfamily relationship breaks down, as set out in Figure 4.1.
Figure 4.1. Step parent scenarios I would like you to think about a child whose parents have separated and who lives with their mother. Say their mother remarries. Should or should not the step-father's income be taken into account in determining how much child support the father should pay? And do you think a step-father's income does in fact get taken into account in cases like this? And do you think the step-father's income should or should not be taken into account in deciding whether the child is entitled to a means-tested student grant? Step parenting after relationship breakdown Let us say the child is aged 12 and the step-father has treated the child as his own for the five years he has been living in the family. Do you think the step-father should or should not be expected to continue providing financial support for the child if his relationship with the child's mother breaks down? And do you think the law does or does not require the step-father to provide financial support in these circumstances? And do you think in these circumstances, the step-father should or should not have a right to stay in touch with the child as a father would have? And do you think a step-father does have the same right to stay in contact with the child in these circumstances? |
Financial responsibilities of co-resident step-parents: knowledge and attitudes
4.5 We asked respondents about their knowledge and opinions about whether a step-parent's income should be taken into account for both the purpose of assessing child support levels for the child's father, and for assessing entitlement to a means-tested student grant. Their replies are summarised in Tables 4.1 to 4.3. Nearly two thirds (64%) thought that the step-father's income should be taken into account when assessing a father's child support obligation. A slightly higher proportion, 68%, thought his income should be taken into account when assessing entitlement to a means-tested student grant. About one third of respondents (35%) thought it actually was taken into account, 43% thought not (it is not), and about one quarter did not know. Despite some confusion about step-parents' actual obligations, these replies suggest a high level of support for the notion that step-parents should assume some financial responsibility for the step-children with whom they live.
Table 4.1. I would now like you to think about a child whose parents have separated and who lives with their mother. Say their mother remarries. Do you think the step-father's income should or should not be taken into account in determining how much child support the father should pay?
| % |
|---|
Definitely should | 35 |
|---|
Probably should | 29 |
|---|
Probably should not | 14 |
|---|
Definitely should not | 19 |
|---|
(Don't know) | 4 |
|---|
(Not answered) | - |
|---|
Unweighted base | 1637 |
|---|
Table 4.2. And do you think a step-father's income does in fact get taken into account in cases like this?
| % |
|---|
Definitely does | 8 |
|---|
Probably does | 27 |
|---|
Probably does not | 32 |
|---|
Definitely does not | 11 |
|---|
(Don't know) | 23 |
|---|
Unweighted base | 1637 |
|---|
Table 4.3. And do you think the step-father's income should or should not be taken into account in deciding whether the child is entitled to a means-tested student grant?
| % |
|---|
Definitely should | 28 |
|---|
Probably should | 40 |
|---|
Probably should not | 15 |
|---|
Definitely should not | 11 |
|---|
(Don't know) | 6 |
|---|
Unweighted base | 1637 |
|---|
Step parenting after relationship breakdown
4.6 While most respondents thought that a step-parent should exercise some degree of financial responsibility for the step-children with whom they lived, they did not think that obligation should extend to a longer term support obligation if the step-parents split up. Nearly three quarters of respondents (74%, Table 4.4) thought that a step-father should not be expected to continue beyond separation to provide financial support for a step-child. Most people (61%) thought that a step-parent had no such obligation, 18% thought they did, and 22% stated they did not know. The legal position is that if a step-parent has accepted a child as a "child of the family", then under section 1(1)(d) of the Family Law (Scotland) Act 1985, they have the same liability to aliment (support) the child as a biological parent. However, they have no such obligation under child support legislation (Edwards and Griffiths 1997; p.52).
4.7 As far as post-separation contact is concerned, the pattern is reversed, with over three quarters of respondents (77%, Table 4.6) expressing the view that a step-father should have the same rights to contact as a natural father. Three fifths of respondents thought step-fathers did not have such a right, and they were less likely (71%) to hold the view that step fathers should have that right.
Table 4.4. Let us say the child is aged 12 and the step-father has treated the child as his own for the five years he has been living in the family. Do you think the step-father should or should not be expected to continue providing financial support for the child if his relationship with the child's mother breaks down?
| % |
|---|
Definitely should | 9 |
|---|
Probably should | 21 |
|---|
Probably should not | 35 |
|---|
Definitely should not | 29 |
|---|
(Don't know) | 7 |
|---|
Unweighted base | 1637 |
|---|
Table 4.5. And do you think the law does require the step-father to provide financial support in these circumstances?
| % |
|---|
Definitely does | 3 |
|---|
Probably does | 15 |
|---|
Probably does not | 45 |
|---|
Definitely does not | 16 |
|---|
(Don't know) | 22 |
|---|
Unweighted base | 1637 |
|---|
Table 4.6. And do you think in these circumstances, the step-father should or should not have a right to stay in touch with the child as a father would have?
| % |
|---|
Definitely should | 29 |
|---|
Probably should | 48 |
|---|
Probably should not | 13 |
|---|
Definitely should not | 5 |
|---|
(Don't know) | 6 |
|---|
Unweighted base | 1637 |
|---|
Table 4.7. And do you think a step-father does have the same right to stay in contact with the child in these circumstances?
| % |
|---|
Definitely does | 5 |
|---|
Probably does | 19 |
|---|
Probably does not | 45 |
|---|
Definitely does not | 15 |
|---|
(Don't know) | 17 |
|---|
Unweighted base | 1637 |
|---|
4.8 Overall, these data form a mixed picture about what public opinion is about the obligations a step-parent should assume, or that society more widely should assume of them. It is especially conflicting where the relationship between a step-father and a child's mother has broken down. It is not possible from these data to understand why this is the case but in the light of these findings, it is perhaps not entirely surprising that no consensus emerged during the family law reform consultation process about whether a specific Step-parent Parental Responsibilities and Parental Rights Agreement should be introduced into family law.
How do knowledge and attitudes vary across the population?
4.9 We turn briefly to how knowledge and attitudes towards these step-parenting issues vary within the population according to age, gender, marital status, social class, income and housing tenure, and report on those items where some significant differences were found.
4.10 When asked if step-fathers income should be taken into account for the purpose of deciding entitlement to a means-tested student grant, we found small gender differences, with 71% of men, compared to 58% of women, stating it should. Similarly, 72% of those in the highest income quartile, compared with 59% of those in the lowest income quartile, thought it should. Related to this was a slight social class gradient. There were no significant differences in relation to age, marital status, or housing tenure.
4.11 There were no significant differences according to age, marital status, housing tenure, income or social class in responses to the question of whether step-parents should be expected to provide support to their step-children following separation. However, men (34%) were more likely than women (26%) to state such support should be given.
4.12 As far as knowledge of step-fathers rights to maintain contact with their step-children following separation, older people (aged 65 or more) were more likely to have incorrect knowledge, as were tenants compared to home owners. Those in the lowest income quartile were twice as likely to be incorrect as those in the highest income quartile.