122.—(1) Article 4 (offence of abduction of child by other persons) shall be amended as follows.
(2) In paragraph (1), for “paragraph (2), a person not falling within Article 3(2)(a) or (b)” substitute “paragraph (3), a person, other than one mentioned in paragraph (2),”.
(3) For paragraph (2) substitute the following paragraphs—
“(2) The persons are—
(a)where the father and mother of the child in question were married to each other at the time of his birth, the child’s father and mother;
(b)where the father and mother of the child in question were not married to each other at the time of his birth, the child’s mother; and
(c)any other person mentioned in sub-paragraphs (c) to (e) of Article 3(2).
(3) In proceedings against any person for an offence under this Article, it shall be a defence for that person to prove—
(a)where the father and mother of the child in question were not married to each other at the time of his birth—
(i)that he is the child’s father; or
(ii)that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or
(b)that, at the time of the alleged offence, he believed that the child had attained the age of 16.”.