CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

“Failure to make payments to be contempt of court

52A. (1) Subject to this section it shall be contempt of court for a maintenance debtor to fail to make a payment due under an antecedent order.

• (2) As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.

• (3) Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.

• (4) A summons referred to in subsection (3) shall—

  • (a) be issued by the District Court clerk concerned,

  • (b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment,

  • (c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and

  • (d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.

• (5) If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.

• (6) A maintenance debtor arrested pursuant to a warrant issued under subsection (5) shall be brought as soon as practicable before the District Court.

• (7) Where a maintenance debtor is arrested and brought before the District Court under subsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language—

  • (a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons,

  • (b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and

  • (c) that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.

• (8) At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language—

  • (a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and

  • (b) unless the maintenance debtor has already been so informed under subsection (7), that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.

• (9) On the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and—

  • (a) that the failure to make the payment concerned is due to—

    • (i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

    • (ii) some other reason not attributable to any act or omission of the maintenance debtor,

    the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing—

    - (I) to enable the outstanding payment to be made, or
    
    - (II) to enable an application to be made for an attachment of earnings order under section 53,
    

  • (b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.

• (10) Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to—

  • (a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

  • (b) some other reason not attributable to any act or omission of the maintenance debtor,

  the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.

• (11) Where a maintenance debtor to whom subsection (7) applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.

• (12) In this section ‘financial circumstances’ means, in relation to a person—

  • (a) the amount of the person’s annual income,

  • (b) the aggregate value of all property (real and personal) belonging to the person,

  • (c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,

  • (d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and

  • (e) such other circumstances as the court considers appropriate.

• (13) This section does not apply unless the antecedent order concerned was actually made by the District Court.

Certificate of outstanding payments

52B. Where, pursuant to section 50, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.”.

147. Birth and funeral expenses of dependent child

147. The Act of 2010 is amended by the insertion of the following section in Part 7 after section 67:

“Birth and funeral expenses of dependent child

67A. (1) The court may make an order (in this section referred to as a ‘lump sum order’) where it appears to the court on application by a civil partner in relation to a dependent child of the civil partners that the other civil partner has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both—

• (a) the birth of a child who is a dependent child or who would have been a dependent child were he or she alive at the time of the application for a lump sum order,

• (b) the funeral of a child who was a dependent child or who would have been a dependent child had he or she been born alive,

and any lump sum order shall direct the respondent civil partner to pay to the applicant a lump sum not exceeding €4,000, but no such order shall direct the payment of an amount exceeding €2,000 in respect of the birth of a child to whom this section relates or €2,000 in respect of the funeral of such a child.

• (2) Subsection (3) of section 45 shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under that section.

• (3)

  • (a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child.

  • (b) Where an application for a lump sum order has been determined, the applicant shall not be entitled otherwise to recover from the respondent moneys in relation to matters so determined.”.

148. Custody of dependent children of civil partners after decree of nullity

148. The Act of 2010 is amended by the insertion of the following section in Part 11 after section 108:

“Custody of dependent children of civil partners after decree of nullity

108A. Where the court grants a decree of nullity, it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.”.

149. Amendment of section 109 of Act of 2010

149. Section 109 of the Act of 2010 is amended—

• (a) in subsection (1) —

• (i) in the definition of “lump sum order”, by the substitution of “paragraph (c) or (ca) of section 117(1) ” for “section 117(1)(c) ”,

• (ii) in the definition of “periodical payments order”, by the substitution of “paragraph (a) or (aa) of section 117(1)” for “section 117(1)(a) ”,

• (iii) in the definition of “secured periodical payments order”, by the substitution of “paragraph (b) or (ba) of section 117(1) ” for “section 117(1)(b) ”, and

• (iv) by the insertion of the following definition:

“ ‘Act of 1964’ means the Guardianship of Infants Act 1964;”,

and

• (b) in subsection (2) —

• (i) in paragraph (b), by the substitution of “under this Part,” for “under this Part, and”,

• (ii) in paragraph (c), by the substitution of “under this Part, and” for “under this Part.”, and

• (iii) by the insertion of the following paragraph after paragraph (c):

• “(d) a reference to an application to a court by a person on behalf of a dependent child of the civil partners includes a reference to such an application by such a child and a reference to a payment, the securing of a payment, or the assignment of an interest, to a person for the benefit of a dependent child of the civil partners includes a reference to a payment, the securing of a payment, or the assignment of an interest, to such a child.”.

150. Amendment of section 110 of Act of 2010

150. The Act of 2010 is amended by the substitution of the following for section 110:

“110. (1) Subject to the provisions of this Part, the court may, on application to it in that behalf by either of the civil partners, grant a decree of dissolution in respect of a civil partnership if it is satisfied that—

• (a) at the date of the institution of the proceedings, the civil partners have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years, and

• (b) provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners and any dependent child of the civil partners.

• (2) Upon the grant of a decree of dissolution, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the best interests (within the meaning of that Act) or custody of, or right of access to, any dependent child of the civil partners concerned who is under the age of 18 years as if an application had been made to it in that behalf under that section.”.

151. Amendment of section 113 of Act of 2010

151. Section 113 of the Act of 2010 is amended—

• (a) by designating the section as subsection (1), and

• (b) by the insertion of the following subsection after subsection (1):

• “(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of dissolution shall not affect the rights of the parents of a child, under section 6 or 6B of the Act of 1964, to be guardians of the child jointly.”.

152. Amendment of section 115 of Act of 2010

152. Section 115 of the Act of 2010 is amended—

• (a) in paragraph (a), by the substitution of “of this Act;” for “of this Act; and”,

• (b) in paragraph (b), by the substitution of “or section 34; and” for “or section 34.”, and

• (c) by the insertion of the following paragraph after paragraph (b):

• “(c) an order under section 11 of the Act of 1964.”.

153. Amendment of section 116 of Act of 2010

153. Section 116 of the Act of 2010 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) Where an application is made to the court for the grant of a decree of dissolution, the court may make an order requiring either of the civil partners to make to the other periodical payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodical payments for the benefit of any dependent child of the civil partners that the court considers proper and specifies in the order.”,

and

• (b) by the insertion of the following subsection after subsection (2):

• “(3) The court may provide that payments under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.”.

154. Amendment of section 117 of Act of 2010

154. Section 117 of the Act of 2010 is amended—

• (a) in subsection (1) —

• (i) by the substitution of “by either of the civil partners concerned or by a person on behalf of a dependent child of the civil partners may” for “by either of the civil partners may”,

• (ii) by the insertion of the following paragraph after paragraph (a):

• “(aa) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;”,

• (iii) in paragraph (b), by the substitution of “may be specified in the order;” for “may be specified in the order; and”,

• (iv) by the insertion of the following paragraph after paragraph (b):

• “(ba) an order that either of the civil partners secure, to the satisfaction of the court, to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;”,

• (v) in paragraph (c), by the substitution of “may be specified in the order; and” for “may be specified in the order.”,

• (vi) by the insertion of the following paragraph after paragraph (c):

• “(ca) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners a lump sum payment or lump sum payments in the amount or amounts and at the time or times that may be specified in the order.”,

• (b) by the substitution of the following subsection for subsection (2):

• “(2) The court may order a civil partner to pay a lump sum—

  • (a) to the other civil partner to meet any liabilities or expenses reasonably incurred by the other civil partner in maintaining himself or herself or any dependent child of the civil partners before the making of an application by the other civil partner for an order under subsection (1), or

  • (b) to such person that may be specified in the order to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent child of the civil partners before the making of an application on behalf of the dependent child of the civil partners for an order under subsection (1).”,

• (c) by the insertion of the following subsection after subsection (4):

• “(4A) The period specified in an order under subsection (1)(aa) or (ba) shall begin not earlier than the date of the application for the order and shall end not later than the death of the civil partner against whom the order was made or the death of the dependent child of the civil partners in whose favour the order was made, whichever first occurs.”,

and

• (d) in subsection (7), by the substitution of “paragraph (a) or (aa) of subsection (1)” for “subsection (1)(a) ” wherever it occurs.

155. Amendment of section 118 of Act of 2010

155. Section 118 of the Act of 2010 is amended in subsection (1) —

• (a) by the substitution of “either of the civil partners or by a person on behalf of a dependent child of the civil partners may” for “either of the civil partners may”,

• (b) in paragraph (a), by the substitution of “to the other, to any dependent child of the civil partners or to any other specified person for the benefit of such a child” for “to the other”,

• (c) in paragraph (b), by the substitution of “of the other and of any dependent child of the civil partners or any or all of those persons” for “of the other”, and

• (d) in paragraph (c), by the substitution of “one of the civil partners and of any dependent child of the civil partners or any or all of those persons” for “one of the civil partners”.

156. Amendment of section 119 of Act of 2010

156. Section 119 of the Act of 2010 is amended—

• (a) in subsection (1) —

• (i) by the substitution of “either of the civil partners or a person on behalf of a dependent child of the civil partners may” for “either of the civil partners may”,

• (ii) in paragraph (d), by the substitution of “Part 9;” for “Part 9; and”,

• (iii) by the substitution of the following paragraph for paragraph (e):

• “(e) an order under section 31 of the Land and Conveyancing Law Reform Act 2009; and”,

and

• (iv) by the insertion of the following paragraph after paragraph (e):

• “(f) an order under section 11 of the Act of 1964”,

and

• (b) in subsection (2) —

• (i) by the substitution of “welfare of the civil partners and any dependent child of the civil partners” for “welfare of the civil partners”, and

• (ii) in paragraph (b), by the substitution of “other civil partner and for any dependent child of the civil partners” for “other civil partner”.

157. Amendment of section 120 of Act of 2010

157. Section 120 of the Act of 2010 is amended—

• (a) in subsection (1) —

• (i) by the substitution of “in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners” for “in that behalf by either of the civil partners”,

• (ii) by the substitution of the following paragraph for paragraph (a):

• “(a) an order, on the application of either of the civil partners, requiring the other civil partner to effect a policy of life insurance for the benefit of the applicant civil partner or a dependent child of the civil partners;”,

• (iii) by the insertion of the following paragraph after paragraph (a):

• “(aa) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either of the civil partners to effect such a policy of life insurance for the benefit of the dependent child;”,

• (iv) by the substitution of the following paragraph for paragraph (b):

• “(b) an order, on the application of one civil partner, requiring the other civil partner to assign to the applicant civil partner, or to such person as may be specified in the order for the benefit of a dependent child of the civil partners, the whole or a specified part of the interest in a policy of life insurance that the other civil partner has effected or that both of the civil partners have effected;”,

• (v) by the insertion of the following paragraph after paragraph (b):

• “(ba) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either civil partner or both civil partners to assign to a person specified in the order for the benefit of the dependent child of the civil partners the whole or a specified part of the interest in a policy of life insurance that either civil partner has effected or that both of the civil partners have effected; and”,

and

• (vi) by the substitution of the following paragraph for paragraph (c):

• “(c) an order—

• (i) on the application of a civil partner, requiring the other civil partner, or

• (ii) on the application of a person on behalf of a dependent child of the civil partners, requiring either or both of the civil partners,

to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which he or she or both of the civil partners is or are required to make under the terms of the policy.”,

• (b) in subsection (2) —

• (i) in paragraph (a), by the substitution of “applicant civil partner or the dependent child of the civil partners” for “applicant”, and

• (ii) in paragraph (b), by the substitution of “applicant civil partner or the dependent child of the civil partners, as the case may be,” for “applicant”,

• (c) in subsection (3), by the substitution of “for the civil partner concerned or any dependent child of the civil partners concerned” for “for the civil partner concerned”, and

• (d) in subsection (4), by the substitution of “death of the applicant civil partner in whose favour the order was made in so far as it relates to him or her” for “death of the applicant”.

158. Amendment of section 121 of Act of 2010

158. Section 121 is amended—

• (a) by the substitution of the following subsection for subsection (2):

• “(2) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may during the lifetime of a member civil partner, make an order providing for the payment, in accordance with this section and sections 122 to 126, to—

  • (a) the other civil partner, or

  • (b) a person specified in the order for the benefit of a dependent child of the civil partners for so long as that child remains a dependent child of the civil partners,

  of a benefit consisting of the part of the benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme and has accrued at the time of the making of the decree, or of the part of that part that the court considers appropriate.”,

• (b) in subsection (3)(b), by the substitution of “the other civil partner or to the person on behalf of the dependent child of the civil partners, as the case may be” for “the other civil partner”,

• (c) by the substitution of the following subsection for subsection (5):

• “(5) On granting a decree of dissolution or at any time within one year after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may make an order providing for the payment, on the death of the member civil partner, to—

  • (a) the other civil partner, or

  • (b) a person specified in the order for the benefit of a dependent child of the civil partners,

  of that part of a contingent benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme, or of the part of that part, that the court considers appropriate.”,

and

• (d) in subsection (7), by the substitution of “member or for a dependent child of the civil partners concerned under” for “member under”.

159. Amendment of section 122 of Act of 2010

159. Section 122 of the Act of 2010 is amended—

• (a) in subsection (2), by the substitution of “applicant civil partner in whose favour the order was made in so far as the order relates to him or her” for “applicant”, and

• (b) by the insertion of the following subsection after subsection (2):

• “(2A) Where the court makes an order under section 121(2), or under section 131(3) in relation to an order under section 121(2), for the benefit of a dependent child of the civil partners and the child dies before payment of the designated benefit has commenced, the order shall cease to have effect in so far as it relates to him or her.”.

160. Amendment of section 123 of Act of 2010

160. Section 123 of the Act of 2010 is amended—

• (a) in subsection (4), by the substitution of “provide for the payment to the person in whose favour the order was made” for “provide for the payment to the other civil partner”,

• (b) in subsection (5), by the substitution of the following paragraph for paragraph (a):

• “(a) if the trustees and the person in whose favour the order was made so agree, in providing a benefit for or in respect of that person that is of the same actuarial value as the transfer amount, or”,

and

• (c) in subsection (9) —

• (i) by the substitution of “person in whose favour the order was made” for “civil partner who is not the member”, and

• (ii) by the substitution of “that person” for “that civil partner”.

161. Amendment of section 124 of Act of 2010

161. Section 124 of the Act of 2010 is amended in subsection (2) by the substitution of “to the other civil partner or other person concerned” for “to the other civil partner”.

162. Amendment of section 125 of Act of 2010

162. Section 125 of the Act of 2010 is amended—

• (a) in subsection (1), by the substitution of “including by the member civil partner or by the other person concerned or by both of them” for “including by one or the other of the civil partners or by both of them”, and

• (b) in subsection (2) —

• (i) by the substitution of “paid by a person” for “paid by a civil partner”,

• (ii) by the substitution of “payable to the person” for “payable to the civil partner”,

• (iii) by the substitution of the following paragraph for paragraph (a):

• “(a) pursuant to an order made under section 121, if the person is the beneficiary of the order; and”,

and

• (iv) by the substitution of the following paragraph for paragraph (b):

• “(b) pursuant to the scheme, if the person is the member civil partner.”.

163. Amendment of section 129 of Act of 2010

163. Section 129 of the Act of 2010 is amended—

• (a) in subsection (1), by the substitution of “for the civil partners and any dependent child of the civil partners concerned” for “for the civil partners”,

• (b) in subsection (2) —

• (i) by the substitution of the following paragraph for paragraph (c):

• “(c) the standard of living enjoyed by the civil partners and any dependent child of the civil partners before the proceedings were instituted or before the civil partners commenced to live apart;”,

• (ii) by the substitution of the following paragraph for paragraph (f):

• “(f) the contributions that each of the civil partners has made or is likely to make in the foreseeable future to the welfare of the civil partners and any dependent child of the civil partners, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other, and any contribution made by either of them by looking after the shared home or caring for the other civil partner or any dependent child of the civil partners;”,

and

• (iii) in paragraph (g), by the substitution of “the shared home or to care for the other civil partner or any dependent child of the civil partners” for “the shared home”,

and

• (c) by the insertion of the following subsection after subsection (3):

• “(3A) In deciding whether to make an order referred to in subsection (1) in favour of a dependent child of the civil partners concerned and in determining the provisions of such an order, the court shall, in particular, have regard to the following matters:

  • (a) the financial needs of the child;

  • (b) the income, earning capacity (if any), property and other financial resources of the child;

  • (c) any physical or mental disability of the child;

  • (d) any income or benefits to which the child is entitled by or under statute;

  • (e) the manner in which the child was being, and in which the civil partners concerned anticipated that the child would be, educated or trained;

  • (f) the matters specified in paragraphs (a), (b) and (c) of subsection (2) and subsection (3) ;

  • (g) the accommodation needs of the dependent child.”.

164. Amendment of section 131 of Act of 2010

164. Section 131 of the Act of 2010 is amended—

• (a) in subsection (2)(b), by the substitution of “in the matter or a person on behalf of a dependent child of the civil partners concerned” for “in the matter”,

• (b) by the insertion of the following subsection after subsection (4):

• “(4A) Without prejudice to the generality of section 116 or 117, that part of an order to which this section applies which provides for the making of payments for the support of a dependent child of the civil partners shall stand discharged if he or she ceases to be a dependent child of the civil partners by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (2), if it is satisfied that the child has for any reason ceased to be a dependent child of the civil partners.”,

and

• (c) in subsection (7), by the substitution of “civil partner concerned or a dependent child of the civil partners concerned” for “civil partner concerned”.

165. Restriction in relation to orders for benefit of dependent children of civil partners

165. The Act of 2010 is amended by the insertion of the following section after section 131:

“131A. The court shall not have regard to the conduct of the civil partner or civil partners concerned of the kind specified in section 129(2)(i) in deciding whether—

• (a) to include in an order under section 116 a provision requiring the making of periodical payments for the benefit of a dependent child of the civil partners,

• (b) to make an order under paragraph (aa), (ba) or (ca) of section 117(1), or

• (c) to make an order under section 131 varying, discharging or suspending a provision referred to in paragraph (a) or an order referred to in paragraph (b).”.

166. Amendment of section 133 of Act of 2010

166. Section 133 of the Act of 2010 is amended by the substitution of “117(1)(a), (aa), (b) or (ba) ” for “117(a) or (b) ”.

167. Amendment of section 137 of Act of 2010

167. Section 137 of the Act of 2010 is amended in subsection (1) in the definition of “relief” by the substitution of the following paragraph for paragraph (a):

• “(a) preventing the relief being granted to the person concerned, whether for the benefit of the person or of a dependent child of the civil partners concerned,”.

168. Amendment of section 138 of Act of 2010

168. Section 138 of the Act of 2010 is amended by the substitution of “under this Part or under the Act of 1964, or for a dependent child of the civil partners of such a civil partner” for “under this Part”.

169. Amendment of section 140 of Act of 2010

169. Section 140 of the Act of 2010 is amended in paragraph (a) of subsection (2), by the substitution of “for support of a civil partner or €150 per week for the support of a dependent child of the civil partners” for “for support of a civil partner”.

170. Custody of dependent children and social reports

170. The Act of 2010 is amended by the insertion of the following sections after section 141:

“Custody of dependent children of civil partners after decree of dissolution

141A. Where the court grants a decree of dissolution (within the meaning of Part 12), it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.

Social reports

141B. Section 47 of the Family Law Act 1995 shall apply to proceedings under this Act.”.

171. Amendment of section 142 of Act of 2010

171. Section 142 of the Act of 2010 is amended by the substitution of the following subsection for subsection (1):

• “(1) In civil partnership law proceedings under section 45, 46, 47, 50, 117, 118, 119(1)(a) or (b), 120, 121 to 126, 127 or 131 each party to the proceedings shall give to the other party such particulars of his or her financial circumstances, including property and income, and in so far as is practicable, the financial circumstances of his or her dependent children, as may reasonably be required for the purpose of the proceedings.”.

172. Orders under Family Law (Maintenance of Spouses and Children) Act 1976

172. Part 15 of the Act of 2010 is amended by the insertion of the following section after section 196:

“Orders under Family Law (Maintenance of Spouses and Children) Act 1976

196A. The court may, on the application of a party to proceedings under this Part, make an order under section 5A or 5B of the Family Law (Maintenance of Spouses and Children) Act 1976, where applicable, in respect of the other party to the proceedings.”.

PART 13 Miscellaneous Consequential Amendments to Other Acts

173. Amendment of section 2 of Redundancy Payments Act 1967

173. Section 2 of the Redundancy Payments Act 1967is amended in subsection (1) by the substitution of the following definition for the definition of “adopting parent”:

“ ‘adopting parent’ means an employee who is an adopting parent within the meaning of the Adoptive Leave Act 1995;”.

174. Amendment of section 1 of Unfair Dismissals Act 1977

174. Section 1 of the Unfair Dismissals Act 1977 is amended by the substitution of the following definition for the definition of “adopting parent”:

“ ‘adopting parent’ means an employee who is an adopting parent within the meaning of the Adoptive Leave Act 1995;”.

175. Amendment of section 20 of Child Care Act 1991

175. Section 20 of the Child Care Act 1991 is amended in subsection (1) —

• (a) in paragraph (b), by the substitution of “1995,” for “1995, or”,

• (b) in paragraph (c), by the substitution of “1996, or” for “1996,”, and

• (c) by the insertion of the following paragraph after paragraph (c):

• “(d) section 110(2), 115(c) or 141A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,”.

176. Amendment of Maternity Protection Act 1994

176. The Maternity Protection Act 1994 is amended—

• (a) in section 2—

• (i) in subsection (1), by the insertion of the following definitions:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘expectant father’ shall be construed in accordance with subsection (1A) (inserted by section 176 of the Act of 2015);

‘other parent’ means a person (other than the mother) who is, under section 5 of the Act of 2015, a parent of a child;”,

and

• (ii) by the insertion of the following subsection after subsection (1):

• “(1A) In this Act, a reference to an expectant father includes a person who has given his or her consent in accordance with section 11 of the Act of 2015 to a DAHR procedure (within the meaning of section 4 of that Act) where that procedure results in a pregnancy.”,

• (b) in section 16—

• (i) by the substitution of “father or other parent, as the case may be,” for “father” in each place it occurs, and

• (ii) in subsection (6), by the substitution of “the father’s or the other parent’s” for “the father’s”,

• (c) in section 16A—

• (i) by the substitution of “father or other parent” for “father” in each place it occurs, and

• (ii) in subsection (2), by the substitution of “the father’s sickness or the other parent’s sickness” for “the father’s sickness”,

• (d) in section 16B—

• (i) by the substitution of “father or other parent” for “father” in each place it occurs, and

• (ii) in subsection (10), by the substitution of “the father’s leave or the other parent’s leave” for “a father’s leave”,

• (e) in section 21, by the substitution of “father or other parent” for “father” in each place it occurs, and

• (f) in section 31, by the substitution in subsection (1)(a)(iii) of “father or other parent” for “father”.

177. Amendment of section 2 of Adoptive Leave Act 1995

177. F68[…]

178. Amendment of section 6 of Parental Leave Act 1998

178. Section 6 of the Parental Leave Act 1998 is amended in subsection (9) (amended by section 2 of the Parental Leave (Amendment) Act 2006) in the definition of “relevant parent” by the substitution of the following paragraph for paragraph (a):

• “(a) the parent, the adoptive parent or the adopting parent in respect of the child, or”.

179. Amendment of section 3 of Protection of Children (Hague Convention) Act 2000

179. Section 3 of the Protection of Children (Hague Convention) Act 2000 is amended in subsection (2) by the deletion of paragraph (e).

180. Amendment of section 2 of Student Support Act 2011

180. Section 2 of the Student Support Act 2011 is amended in the definition of “parent” by the substitution of “guardian appointed under the Guardianship of Infants Act 1964, other than a temporary guardian appointed under section 6E of that Act” for “guardian appointed under the Guardianship of Children Acts 1964 to 1997”.

Footnotes