Part 2Civil partnership: England and Wales

Chapter 5Children

78Financial provision for children

(1)

Amend Schedule 1 to the 1989 Act (financial provision for children) as follows.

(2)

In paragraph 2(6) (meaning of “periodical payments order”) after paragraph (d) insert—

“(e)

Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);

(f)

Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),”.

(3)

In paragraph 15(2) (person with whom a child lives or is to live) after “husband or wife” insert “ or civil partner ”.

(4)

For paragraph 16(2) (extended meaning of “parent”) substitute—

“(2)

In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a)

any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b)

any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.”