The Family Law Reform Act 1987 (Commencement No. 2) Order 1989

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st April 1989 all those provisions of the Family Law Reform Act 1987 which are not already in force, with the exception of sections 9, 23 and 32, and paragraphs 21 to 25 of Schedule 2.

The effect of the provisions being brought into force is as follows:

(a) section 2 applies to the enactments listed in that section the principle laid down in section 1, namely that, unless the contrary intention appears, the relationship between two persons should be construed without regard to whether or not a person’s parents were married to each other at any time;

(b) section 3 provides that an agreement may be made between the parents of a child, whether or not they have at any time been married to each other, as to the exercise by either of them of parental rights and duties during a period when they are not living together;

(c) section 4 enables a father who was not married to the mother at the time of their child’s birth to apply to the court for an order that he is to share all the parental rights and duties with the mother;

(d) section 5 enables parents who were not married at the time of their child’s birth, in certain circumstances to apply for the directions of the court upon matters affecting the child’s welfare;

(e) sections 6, 7 and 8 make changes to the legal position of a father who was not married to the mother at the time of their child’s birth, who has an order made under section 4 or a right to custody of the child, as regards guardianship, adoption, and with respect to his rights where the child is in care;

(f) sections 10 and 11 re-enact with amendments certain provisions of the Guardianship of Minors Act 1971 to deal with applications for custody and access upon the application of either parent and in guardianship cases;

(g) sections 12 to 17 abolish affiliation proceedings and provide for applications for financial provision for children to be made under the Guardianship of Minors Act 1971. Under these provisions, applications may be made to a magistrates' court, a county court or the High Court by either parent, whether or not they have been married to each other at any time;

(h) sections 24 and 25 make changes to the requirements for registration of the father where the parents of a child are not married, and for re-registration where no person has previously been registered as the child’s father;

(i) section 30 enables the Lord Chancellor by statutory instrument to apply the rule of construction established by section 1 to such other enactments as may be specified;

(j) section 33 deals with amendments, transitional provisions, savings and repeals.

This Order also brings into force the transitional provisions specified in Schedule 2. The effect of paragraph 1 is that orders made before 1st April 1989 under the Guardianship of Minors Act 1971 and the Guardianship Act 1973 can be varied, enforced, discharged and revived as if the amendments and repeals in the 1987 Act had not been made. Similar provision is made in paragraphs 2 and 3 in respect of the power to revive orders for periodical payments in respect of children made before 1st April 1989 under the Children Act 1975 and Part I of the Domestic Proceedings and Magistrates Courts Act 1978.