PART 4Amendments: Children and Families

Parental responsibility28

1

The Children (Parental Responsibility Agreement) Regulations (Northern Ireland) 199639 are amended as follows.

2

In regulation 240 (form of parental responsibility agreement), in paragraph (a), for “unmarried father” substitute “father who is not married or a civil partner”.

3

After regulation 2 insert—

2A

1

Where the agreement is under Article 7(1A)(b) of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility by step-parents), the agreement is to be in the form set out in Part 1 of the Schedule but with the following modifications (including in the notes).

2

For the Declaration and Agreement substitute—

Declaration by and agreement of child’s parent, or parents, and step-parent

We declare that we are [a parent of the child who has parental responsibility for the child, and the parent’s spouse or civil partner (“the step-parent”),] [the parents of the child who each have parental responsibility for the child, and the spouse or civil partner of one of the parents (“the step-parent”),] (delete whichever does not apply) and we agree that the step-parent is to have parental responsibility for the child (in addition to any parent of the child who has parental responsibility for the child).

3

Except in the Declaration and Agreement—

a

for references to the child’s father, substitute references to the step-parent; and

b

for references to the child’s mother—

i

substitute references to the parent who is the spouse, or civil partner, of the step-parent, or

ii

where both of the child’s parents are entering into the agreement, substitute references to the child’s parents.

4

In regulation 3—

a

after paragraph (2) insert—

3

But where the agreement is under Article 7(1A)(b) of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility by step-parents)—

a

if the agreement is between the step-parent and both parents, paragraph (1) has effect as if it required three (rather than two) copies, and

b

paragraph (2) has effect as if it required a sealed copy to be sent to each party to the agreement.