The number of de facto couples in Australia has been steadily increasing over the last few decades. Whilst the law has largely caught up to ensure de facto couples have the same rights as married couples, there are still a few murky areas of uncertainty. One of those areas is the children of de facto couples.
Scenario 1: You are in a de facto relationship and have children together.
In this instance, the law is clear. The de facto couple are the biological parents of the children and therefore have all the same rights as a married couple would.
Scenario 2: You are in a relationship and one party has children from a previous relationship. You do not consider the relationship to be de facto.
De facto couples share the same obligations to their partner as married couples. If your relationship is recognised as de facto under the law, you may owe unexpected obligations to your partner and their children. You may even be required to pay child support for the child if you have supported them in a parental role.
Scenario 3: You are in a de facto relationship and one party has children from a previous relationship. You consider the relationship to be de facto.
You may consider yourself the parent of your de facto partner’s child. However, you do not have parental responsibility and rights unless you take positive action to that end. This can produce problems with regards to maintaining contact with the child in the event of a separation.
In conclusion…
De facto relationships are unique under the law in that couples often only have to prove the existence or nature of their relationship after an issue has arisen. As such, it is important to be aware of the possible legal black holes in relation to de facto couples and children. This will provide you with certainty in your position and allow you to take actions which will protect your interest in the wellbeing of any children of the relationship to whom you are not biologically related.
If you have a family law parenting matter or concerns on this topic or on family law generally or want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Emily Graham & Andrea Spencer and edited by James Frank.
More from the blog
Why hiding that account off shore is a bad idea during family law settlement
Family Law, Family Law Parenting