Children (Scotland) Act 1995

Family Law Act 1986 (c. 55)

41 (1) The Family Law Act 1986 shall be amended in accordance with this paragraph.

(2) In section 1(1)(b) (meaning of “custody order”)—

(a) for the words “custody, care or control of a child” substitute “residence, custody, care or control of a child, contact with or”; and

(b) in sub-paragraph (iv), for the words “for the custody of” substitute “giving parental responsibilities and parental rights in relation to”.

(3) In section 13 (jurisdiction ancillary to matrimonial proceedings)—

(a) in subsection (2), for the words “under section 9(1) of the [6 & 7 Eliz. c.40.] Matrimonial Proceedings (Children) Act 1958” substitute “in those proceedings”; and

(b) in subsection (4), for the words “under section 9(1) of the Matrimonial Proceedings (Children) Act 1958” substitute “in matrimonial proceedings where the court has refused to grant the principal remedy sought in the proceedings”.

(4) In section 15 (duration, variation and recall of orders)—

(a) in subsection (1)(b), for the words “for the custody of” substitute “relating to the parental responsibilities or parental rights in relation to”; and

(b) in subsection (4), for the words from the beginning to “above” substitute “Where, by virtue of subsection (1) above, a child is to live with a different person”.

(5) In section 17 (orders for delivery of child)—

(a) in subsection (3), for the words from “is the child” to “other party” substitute “, although not a child of both parties to the marriage, is a child of the family of those parties”; and

(b) at the end of the section add—

“(4) In subsection (3) above, “child of the family” means any child who has been treated by both parties as a child of their family, except a child who has been placed with those parties as foster parents by a local authority or a voluntary organisation.”.

(6) For section 26 (recognition: special Scottish rule), substitute—

“26 Recognition: special Scottish rule

An order relating to parental responsibilities or parental rights in relation to a child which is made outside the United Kingdom shall be recognised in Scotland if the order was made in the country where the child was habitually resident.”.

(7) In section 33(3) (power to order disclosure of child’s whereabouts), for the words “for the custody of” substitute “relating to parental responsibilities or parental rights in relation to”.

(8) In section 35(3) (power to restrict removal of child from jurisdiction), for the words “whose custody” substitute “whose care”.

(9) In section 42 (interpretation)—

(a) in subsection (1), before the definition of “part of the United Kingdom” insert—

““parental responsibilities” and “parental rights” have the meanings respectively given by sections 1(3) and 2(4) of the Children (Scotland) Act 1995;”; and

(b) in subsection (4)(b), for the words from “of one of the parties” to the end substitute “who has been treated by both parties as a child of their family, except a child who has been placed with those parties as foster parents by a local authority or a voluntary organisation;”.