302. Part V covers the emergency protection of children. Children at risk of "significant harm" may be made the subject of an "emergency protection order", and it is intended that there will be a balance between the need to protect children from harm and the need to allow parents to challenge any court action. Police may apply for an emergency protection order on behalf of a local authority. Authorities are to be required to investigate cases thoroughly and for other authorities to provide assistance in this task.
Review of child care law in Scotland
303. In Scotland, a separate review of child care law is currently at an advanced stage. The review body was appointed by the Secretary of State in October 1987 to identify options for change in child care law which would simplify and improve arrangements for protecting children at risk and caring for children and families. The final report is expected in spring 1990.
Northern Ireland
304. In Northern Ireland, the law relating to children and their families is also being revised and account is being taken of recent legislative changes which have been effected in the rest of the United Kingdom and of the proposals contained in the Children Bill.
Illegitimacy
305. The United Kingdom has taken steps to remove nearly all legal discrimination against children whose parents were not married to each other at the time of the child's birth. The only exceptions now relate to titles of honour and accession to the Throne. In England and Wales, the Family Law Reform Act 1987 creates a presumption that in all future legislation the question whether a person's parents were married to each other at any time will not be relevant. In particular, under other provisions of the Act:
(a) All children will be treated equally as regards dispositions of property made by will or codicil, and as regards succession on intestacy;
(b) The process by which the parent with custody of the child can apply for a maintenance order for the benefit of the child from the other parent has been reformed, and distinctions between legitimate and illegitimate children removed;
(c) An unmarried father may apply to the court for an order that he is to share parental rights and duties with the mother (and under the Children Bill, the sharing of parental responsibility will be achievable by agreement between the mother and the father);
(d) The procedure by which the father may be registered on the child's birth certificate has been facilitated.
There are plans for similar legislation in Northern Ireland.
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