39(1)This paragraph applies if an application under paragraph 34 is made on the ground mentioned in paragraph 34(1)(b).N.I.
(2)In deciding—
(a)whether the respondent has failed to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates, and
(b)what order, if any, to make under this Part in favour of the child,
the court must have regard to all the circumstances of the case.
(3)Those circumstances include—
(a)the matters mentioned in paragraph 17(2)(a) to (e), and
(b)if the child of the family to whom the application relates is not the child of the respondent, the matters mentioned in paragraph 17(3).
(4)Paragraph 16(2)(c) (as it applies by virtue of paragraph 17(2)(e)) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to—
(a)the failure to provide, or
(b)the failure to make a proper contribution towards,
reasonable maintenance for the child of the family to whom the application relates.