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The Child Support (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Disputed parentage

15.—(1) Article 28 of the Order of 1991 (reference to court for declaration of parentage) shall be amended as set out in paragraphs (2) to (4).

(2) For paragraph (1) there shall be substituted—

(1) Paragraph (1A) applies in any case where—

(a)an application for a maintenance assessment has been made, or a maintenance assessment is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or assessment was made; and

(b)a child support officer to whom the case is referred is not satisfied that the case falls within one of those set out in Article 27(2).

(1A) In any case where this paragraph applies, the Department or the person with care may apply to a court of summary jurisdiction for a declaration as to whether or not the alleged parent is one of the child’s parents.

(3) In paragraph (2), for “(1)” there shall be substituted “(1A)”.

(4) For paragraph (3), there shall be substituted—

(3) A declaration under this Article shall have effect only for the purposes of—

(a)this Order; and

(b)proceedings in which a court is considering whether to make a maintenance order in the circumstances mentioned in paragraph (6), (7) or (8) of Article 10.

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