Children and Family Relationships Act 2015

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.”.