Court Orders Relating to Parental Responsibilities etc.

Orders of the Day — Children (Scotland) Bill – in the House of Commons at 7:30 pm on 1st May 1995.

Alert me about debates like this

Amendments made: No. 120, in page 7, line 31, at beginning insert 'In the relevant circumstances'.
No. 121, in page 7, line 39, leave out 'In the relevant circumstances'.
No. 122, in page 7, line 46, after 'person' insert
'(provided he is at least sixteen years of age or is a parent of the child)'. No. 123, in page 8, line 2, leave out 'with whom a child' and insert '—

  1. (i) with whom; or
  2. (ii) if with different persons alternately or periodically, with whom during what periods,
a child'. No. 124, in page 8, line 23, leave out '(2)' and insert '(1)'.
No. 125, in page 8, line 25, leave out 'subsection (1) above' and insert 'that subsection'.—[Lord James Douglas-Hamilton.]

Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West

I beg to move amendment No. 126, in page 8, line 26, leave out 'claiming an interest' and insert— 'who—

  1. (i) not having, and never having had, parental responsibilities or parental rights in relation to the child, claims an interest;
  2. (ii) has parental responsibilities or parental rights in relation to the child;
  3. (iii) has had, but for a reason other than is mentioned in subsection (3A) below no longer has, parental responsibilities or parental rights in relation to the child'.

Photo of Mr Michael Morris Mr Michael Morris , Northampton South

With this, it will be convenient to discuss Government amendments Nos. 127 and 128.

Lord James Douglás-Hamilton:

In the case of "In re D and Another (Minors)", the House of Lords decided that an order freeing the child for adoption and vesting the parental rights and duties of the mother in an adoption agency had the effect of depriving the mother of being able to apply for custody.

Section 3 of the 1986 Act is being replaced by clause 11(3) of the Bill. It is therefore thought that it would be desirable to give statutory effect to the House of Lords' judgment in relation to orders under clause 11. This was a case where the child had been adopted.

These are altogether sensible amendments and I commend them to the House.

Amendment agreed to.

Amendments made: No. 127, in page 8, line 29, at end insertßž '(3A) The reasons referred to in subsection (3)(a)(iii) above are that the parental responsibilities or parental rights have been—

  1. (a) extinguished on the making of an adoption order;
  2. (b) transferred to an adoption agency on the making of an order declaring the child free for adoption;
  3. (c) extinguished by virtue of subsection (9) of section 30 of the Human Fertilisation and Embryology Act 1990 (provision for enactments about adoption to have effect with modifications) on the making of a parental order under subsection (1) of that section; or
  4. (d) transferred to a local authority by a parental responsibilities order.'.
No. 128, in page 8, line 32, at end insert— '(4A) In subsection (3A) above—adoption agency" and "adoption order" have the same meanings as they are given, in section 18 of the Adoption (Scotland) Act 1978, by section 65(1) of that Act; andparental responsibilities order" has the meaning given by section 76(1) of this Act.'.—[Lord James Douglas-Hamilton.]