Children of divorced parents6
1
Where –
a
the marriage of a child’s parents has been terminated by divorce;
b
at the death of one of the parents the child was not in the custody of or maintained by the other parent;
c
there is no court order –
i
granting custody of the child to that other parent; or
ii
imposing any liability on him for the child’s maintenance; and
d
the circumstances to be satisfied in section 77(2) of the Act or section 77(2) of the Northern Ireland Act are that one of the child’s parents is dead.
2
Where a child has been adopted by two persons jointly, any reference in paragraph (1) above to the child’s parents shall be read as a reference to those two persons.