SCHEDULE 2Consequential modifications
Modification of the Children (Scotland) Act 1995
I14
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.