(1) Where:
(a) the parents of a child born before the commencing day have cohabited; and
(b) the parents separate on or after the commencing day;
the child is an eligible child.
(2) Subsection (1) applies in relation to the child whether or not the parents:
(a) are or were at any time legally married; or
(b) have separated on an earlier occasion; or
(c) have resumed cohabitation.