Commentary on Sections Schedule 27 - Minor and consequential amendments Paragraphs 129 to 132 - Children Act 1989 (c. 41)
1019.Paragraph 129 makes an amendment to section 8 of the Children Act 1989 to add proceedings under Schedule 5 (financial relief in the High Court and county court) and Schedule 6 (Financial relief in magistrates’ courts) to the Civil Partnership Act 2004 to the definition of family proceedings for the purposes of the Children Act contained in section 8(4) of the Act. This ensures proceedings under the Civil Partnership Act are treated as family proceedings for the purposes of the Children Act in the same way as proceedings involving married people.
1020.Paragraphs 130 to 132 provide that the same restrictions placed on people seeking to be excused from complying with requests to assist in the recovery of children or requirements to give evidence in cases involving the care of children on the grounds of self-incrimination or incrimination of a husband or wife also apply to the incrimination of a civil partner.
1021.Paragraph 130 amends section 48(2) to provide that no person may be excused from complying with a requirement to assist in the recovery of a child who may be in need of emergency protection on the ground that complying might incriminate his or her civil partner of an offence.
1022.Paragraph 131 amends section 50(11) to provide that no person may be excused from complying with any request made in connection with an order for recovery of an abducted child on the ground that complying might incriminate his or her civil partner of an offence.
1023.Paragraph 132 amends section 98(1) and (2) to provide that no person shall be excused from giving evidence in proceedings regarding care or protection of a child on the ground that giving evidence could incriminate his or her civil partner of an offence.