Civil Partnership (Scotland) Act 2020

Modification of the Children (Scotland) Act 1995

4 (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.”.