SCHEDULE 2Consequential modifications

Modification of the Children (Scotland) Act 1995

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1

The Children (Scotland) Act 1995 is modified as follows.

2

In section 3 (provisions relating both to parental responsibilities and to parental rights)—

a

in subsection (1)(a) after “married to” insert “ or in a civil partnership with ”,

b

in subsection (1)(b)—

i

in sub-paragraph (i) after “married to” insert “ or in a civil partnership with ”,

ii

in sub-paragraph (ii) after “married to” insert “ or in a civil partnership with ”,

c

in subsection (2) for the words from “been” to the end substitute

been—

a

married to the mother at any time when he was a party to a purported marriage with her which was—

i

voidable; or

ii

void but believed by them (whether by error of fact or law) in good faith at that time to be valid;

b

in a civil partnership with the mother at any time when he was a party to a purported civil partnership with her which was—

i

voidable; or

ii

void but believed by them (whether by error of fact or law) in good faith at that time to be valid.

3

In section 12 (restrictions on decrees for divorce, separation or annulment affecting children), for subsection (4) substitute—

4

In this section “child of the family”, in relation to the parties to a marriage or civil partnership, means a child—

a

of both of them; or

b

who has been treated by both of them as a child of their family, not being a child who is placed with them as foster parents by a local authority or voluntary organisation.