“spouse or partner of a parent means, in relation to a child, a person who is not the child's parent but—

• “(a) who is or has been married to, or in a civil union or de facto relationship with, a parent of the child; and

• “(b) who shares responsibility for the child's day-to-day care with the parent.”

• “(3A) For the purposes of subsections (2) and (3), the mother and father of a child may be in a de facto relationship even if—

  • “(a) either parent is under 16; or

  • “(b) either parent is aged 16 or 17 and consent for the relationship (as referred to in section 29A(2) of the Interpretation Act 1999) has not been given.”

“Appointment of eligible spouse or partner of a parent as additional guardian”.

• “(3) This section does not apply where a parent or guardian refuses to give consent to a child's marriage, civil union, or entry into a de facto relationship. In those cases, sections 18 to 20 of the Marriage Act 1955, sections 19 and 20 of the Civil Union Act 2004, and section 46A of this Act, respectively, apply instead.”

“Consent to certain decisions

“46A Consent for de facto relationship

• “(1) A child aged 16 or 17 who wishes to obtain consent for his or her de facto relationship must obtain the express written consent of each of his or her guardians to living together as a couple with the other party to the relationship.

  “(2) If the consent of a guardian cannot be obtained (whether because the guardian refuses to give consent, or cannot be found, or is unable to give consent as a result of incapacity), the child may apply to the Court for consent.

  “(3) A Family Court Judge may make an order giving consent for the de facto relationship of a child aged 16 or 17.

  “(4) A consent given by a Family Court Judge under this section has the same effect as if it had been given by all of the child's guardians.

“46B Consent where child has no guardian

• “(1) This section applies to a child who does not have a guardian because guardianship of the child has ended under section 28(1).

  “(2) If an enactment requires that the child obtains the consent of 1 or more guardians for a particular purpose, the child may—

  • “(a) seek the consent from his or her former guardians; or

  • “(b) apply to the Court for the consent.

  “(3) When an application is made under subsection (2)(b), a Family Court Judge may, if he or she considers that giving the consent is reasonable in all the circumstances, give the consent required.

  “(4) A consent given to a child for a purpose referred to in subsection (2), either by the child's former guardians or by a Family Court Judge under subsection (3), has the same effect as if it had been given by all the people whose consent was required for that purpose.”

“Insert in the heading to section 15, after the words ‘in civil union’ the words ‘or de facto relationship’.

“Insert in section 15(1), after the words ‘civil union’, the words ‘or de facto relationship’.

“Insert after section 15(1):

• “‘(1A) Section 17(3A) of the Care of Children Act 2004 applies when determining for the purposes of this section whether a child's mother and father were in a de facto relationship at the relevant time.

“Omit from section 15(3)(b)(vi) the words ‘section 6(3) or section 6A of the Guardianship Act 1968’ and substitute the words ‘section 19 or section 20 of the Care of Children Act 2004’.

“Omit from the heading to section 22 the expression ‘Guardianship Act 1968’ and substitute the expression ‘Care of Children Act 2004’.

“Omit from section 22 the words ‘section 13(1) or section 14(1) of the Guardianship Act 1968’ and substitute the words ‘section 44(3) or section 46(1) of the Care of Children Act 2004’.”

“Repeal section 6(2) and substitute:

• “‘(2) Subject to section 12(3), no Court has jurisdiction under this Part in respect of a person who has not attained the age of 18 years and who—

  • “‘(a) is not, and never has been, married or in a civil union; or

  • “‘(b) is 16 years old or older and is not living, and never has lived, with another person as a de facto partner’”.