SCHEDULES

SCHEDULE 15N.I.Financial relief in the High Court or a county court etc.: Northern Ireland

Modifications etc. (not altering text)

C1Sch. 15: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)

Part 4N.I.Matters to which court is to have regard under Parts 1 to [F13A]

Textual Amendments

F1Word in Sch. 15 Pt. 4 heading substituted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118, Sch. 5 para. 16(2); S.R. 2011/108, art. 2(2), Sch.

Particular matters to be taken into account when exercising powers in relation to childrenN.I.

17(1)This paragraph applies to the exercise by the court in relation to a child of the family of its powers under—N.I.

(a)Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(d), (e) or (f), or

(b)Part 2 (property adjustment orders).

(2)The court must in particular have regard to—

(a)the financial needs of the child;

(b)the income, earning capacity (if any), property and other financial resources of the child;

(c)any physical or mental disability of the child;

(d)the way in which the child was being and in which the civil partners expected the child to be educated or trained;

(e)the considerations mentioned in relation to the civil partners in paragraph 16(2)(a), (b), (c) and (e).

(3)In relation to the exercise of any of those powers against a civil partner (“A”) in favour of a child of the family who is not A’s child, the court must also have regard to—

(a)whether A has assumed any responsibility for the child’s maintenance,

(b)if so, the extent to which, and the basis upon which, A assumed such responsibility and the length of time for which A discharged such responsibility;

(c)whether in assuming and discharging such responsibility A did so knowing that the child was not A’s child;

(d)the liability of any other person to maintain the child.