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StatuteCare of Children Act 2004

Section Sch2 — Care of Children Act 2004: Amendments to Family Proceedings Act 1980 (extending counselling and conciliation provisions to same-sex de facto partners)

Text of the provision Official document

Schedule 2 Amendments to Family Proceedings Act 1980 (extending counselling and conciliation provisions to same-sex de facto partners) s 149 Schedule 2 was substituted, as from 26 April 2005, by section 45 Civil Union Act 2004 (2004 No 102). Section 2 Insert in section 2 , after the definition of child of the civil union : child of the de facto relationship means a child of both de facto partners, and includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of proceedings, whichever first occurred Section 7A Repeal this section. Section 8 Omit from subsection (1) the words “ a husband and wife or civil union partners ” and substitute the words “ spouses, civil union partners, or de facto partners ” . Omit from subsection (1) the words “ the husband or wife or for either civil union partner ” and substitute the words “ either spouse, civil union partner, or de facto partner ” . Omit from subsection (1)(a) the words “ husband or wife or the civil union partner ” and substitute the words “ spouse, civil union partner, or de facto partner ” . Omit from subsection (2)(a) the words “ husband or wife or a civil union partner ” and substitute the words “ spouse, civil union partner, or de facto partner ” . Omit from subsection (2)(b) the words “ husband and wife or the civil union partners ” and substitute the words “ spouses, civil union partners, or de facto partners ” . Section 9 Insert in subsection (1) , after the word “ marriage ” in both places where it appears, the words “ , civil union, or de facto relationship ” . Section 10 Insert in subsections (2) and (3) , after the word “ marriage ” in every place where it appears, the words “ or civil union ” . Insert in subsections (4) and (5) , after the word “ marriage ” in every place where it appears, the words “ , civil union, or de facto relationship ” . Section 11 Insert in subsection (1)(a) and (b) , after the words “ civil union partners ” in both places where they appear, the words “ or de facto partners ” . Repeal subsection (2)(a) and substitute: “ (a) whether or not the parties wish to resume or continue the marriage, civil union, or de facto relationship; and ” . Section 12 Omit the words “ or civil union partners ” in both places where they appear and substitute the words “ , civil union partners, or de facto partners ” . Section 15 Omit from subsection (1)(b) the words “ or civil union ” and substitute the words “ , civil union, or de facto relationship ” . Section 19 Omit from subsection (1) the words “ or civil union partners ” the second and third times they appear and substitute the words “ , civil union partners, or de facto partners ” . Omit from subsection (2) the words “ or civil union partners ” in each place where they appear and substitute the words “ , civil union partners, or de facto partners ” . Omit from subsections (3) and (4) the words “ or civil union partner ” in both places where they appear and substitute the words “ , civil union partner, or de facto partner ” . Section 19A Omit the words “ or civil union ” in each place where they appear and substitute the words “ , civil union, or de facto relationship ” .

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