Section 45 Affiliation order on application by custodian.F1
Scotland
Where a custodianship order subsists in respect of an illegitimate child, and no affiliation order relating to the child has been made under the M1Affiliation Proceedings Act 1957, the custodian of the child may apply to a justice of the peace acting for the petty sessions area in which the child or the child’s mother resides for a summons to be served under section 1 of that Act.
The court shall proceed on the application as on a complaint under that section, but the person entitled to any payments under an affiliation order made on the application shall be the custodian.
An application may not be made under subsection (1)—
if the custodian is married to the child’s mother, or
more than three years after the custodianship order was made.
Annotations
Textual amendments
- F1
S. 45 repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 65, Sch. 4
Marginal citations
- M1
1957 c. 55(49:7).
Notes on Part II
Modifications
- C1
Pt. II (Ss. 33–55) modified (E.W.) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), ss. 8(3), 12, Sch. 1
- C2
Pt II (Ss. 33–55) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(e)