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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - General provisions relating to jurisdiction

99: Declarations in respect of step-parents

You could also call this:

"Making someone a step-parent in the eyes of the law"

Illustration for Child Support Act 1991

This part of the law is about asking the Family Court to say that someone is a step-parent of a child. You or someone else can ask the court to do this. If you're a parent or carer of a child, you can ask the court to say someone else is the child's step-parent. Or, if you want to be called a step-parent, you can ask the court yourself.

When the court is deciding if someone is a step-parent, they look at things like:

  • How much the person has helped take care of the child
  • If the person knew they weren't the child's real parent when they helped
  • If anyone else should be taking care of the child
  • If the person lived with one of the child's parents
  • If the person was ever the child's guardian

Just paying for a child because you're supporting their parent doesn't make you a step-parent.

If no one argues against the request, a Family Court worker can make the decision.

When the court says someone is a step-parent, the Commissioner will do what's needed to make it official.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255325.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianship
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Part 7Jurisdiction of courts in relation to child support and domestic maintenance
General provisions relating to jurisdiction

99Declarations in respect of step-parents

  1. A parent or carer of a child may apply to the Family Court for a declaration that a specified person is a step-parent of the child.

  2. Any person who wishes to be declared to be a step-parent of a child for the purposes of this Act may apply to the Family Court for a declaration to that effect.

  3. Subject to section 125, the parties to the proceeding are—

  4. the applicant for the declaration under this section; and
    1. the person whom the application seeks to be declared to be a step-parent of the child (if that person is not the applicant); and
      1. any other person who is a parent or carer of the child when the application is made.

        1. In determining whether to grant a declaration that a person is a step-parent of a child, the court shall have regard to the following circumstances:

        2. the extent (if at all) to which that person has assumed responsibility for the maintenance of the child, and the basis on which that person assumed that responsibility, and the length of time during which that person has discharged that responsibility; and
          1. whether that person assumed or discharged any responsibility for maintenance of the child knowing that that person was not the natural parent of the child; and
            1. the liability of any other person to maintain the child; and
              1. whether or not that person was ever living with a parent of the child in a marriage, civil union or de facto relationship; and
                1. whether that person has at any time been a guardian of the child.

                  1. For the purposes of subsection (4)(a), a person shall not be taken to have assumed responsibility for the maintenance of a child by reason only of meeting the child maintenance liabilities of another person who is wholly or partially maintained by him or her.

                  2. If an application made under subsection (1) or (2) is undefended, a Family Court Associate may exercise the jurisdiction of the Family Court under this section and grant a declaration.

                  3. When the Family Court makes a declaration under this section, the Commissioner shall, as soon as is practicable, take such action (if any) as is necessary to give effect to the decision.

                  Notes
                  • Section 99(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 99(1): amended, on , by section 37(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                  • Section 99(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                  • Section 99(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 99(3): replaced, on , by section 37(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                  • Section 99(4)(d): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                  • Section 99(5A): inserted, on , by section 34 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
                  • Section 99(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).