Top Tips for Blended Families

Blended families

If you are part of a blended family, you know that whilst it can be so wonderful, it can present a unique set of legal considerations and potential relationship challenges.

In family law, a 'Blended family', also known as a stepfamily, is a family unit where at least one child is the biological or adopted child of only one parent, and not both. This usually happens when two separate families come together, often through marriage or de facto relationships.

Approximately 12% of couple families with dependent children were classified as either step-families or blended families in the 2021 Australian Federal Census.

Legal tips to consider for Blended Families

When families merge through new relationships, forming a 'blended family', a range of unique legal scenarios can arise. Understanding these can help ensure everyone's rights and responsibilities are upheld.

In Australia, The Family Law Act 1975 sets out the rights and responsibilities of parents and step-parents, including matters related to children's living arrangements, financial support, and decision-making.

• Step-parents generally don't have the same automatic parental rights as biological parents. However, if you live with your stepchildren and their parent, you have a responsibility to care for them as you would your own children.
• Parental rights in a blended family are usually primarily based on what is in the best interests of the child.
• Step-parents may need to seek court orders for parental responsibility or establish their standing through de facto relationships.

Child Support Payments and Blended Families

• In most cases, the amount of child support that a person or their former partner is liable to pay will not change if they remarry or enter into a new relationship.
• A parent can successfully change their child support assessment by showing special circumstances, for example if they are supporting other children.
• If you have an existing child support agreement and your family situation changes due to a new relationship, it's important to review and potentially update the agreement.

Adopting a step-child

One of the most significant legal steps that a step-parent can take is to adopt their step-child. This is a complex process that involves a number of legal steps, but it can provide many benefits for both the child and the step-parent.

Wills & Estates for Blended Families

When someone with a blended family passes away and leaves their entire estate to some family members but not others, it can put their estate at risk. Family members not adequately provided for in a Will are often entitled to make a claim against the deceased's estate, even if they are not blood related.

Custody when a blended family relationship breaks down

Custody arrangements in blended families usually rely on the existing custody agreements or orders from previous relationships. The child's biological or adoptive parents usually hold primary custody rights.

Key Emotional Challenges of blended family

• Step-siblings don't get along and there is a lot of fighting or lack of communication.
• Jealousy between the children or partners and step children.
• Family gatherings and meal time are tense and uncomfortable.
• Parenting styles don't align and you cannot agree on household rules.
• Children develop new behavioural issues.
• Step children won't listen or respect your authority.

Tips to Resolving Blended Family Problems

Show a united front

Children will usually be led by their parent's example. Make sure that you and your partner put in the effort to stay consistent and act together. Don't contradict each other's rules or negate each other's parenting styles.

Respect the old ways

Transitioning to a blended family can feel very threatening for children who may fear the loss of a previous life. Respect the traditions you had before to give them more comfort.

Start new family traditions

Find common ground between what both sides of the family like, e.g. pizza night Tuesday and BBQ Sunday. Let your kids take an active part so they feel invested in their family's future.

It won't just happen overnight

Change takes time. Respect and validate each other's feelings, especially the children. Have calm open communication. You're all in this together.

Family Counselling help

Sometimes family problems go beyond what can be addressed at home. A Family Counsellor can really assist families to find strategies to work together to resolve issues and find ways to better communicate.