SCHEDULES

SCHEDULE 6E+W[F1Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978]

Textual Amendments

F1Sch. 6 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 200; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 1E+WFailure to maintain etc.: financial provision

Particular matters to be taken into account when exercising powers in relation to childrenE+W

6(1)This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(c) or (d).E+W

(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 standard of living enjoyed by the family before the occurrence of the conduct which is alleged as the ground of the application;

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

(f)the considerations mentioned in relation to the civil partners in paragraph 5(2)(a) and (b).

(3)In relation to the exercise of its power to make an order in favour of a child of the family who is not the respondent’s child, the court must also have regard to—

(a)whether the respondent has assumed any responsibility for the child’s maintenance;

(b)if so, the extent to which, and the basis on which, the respondent assumed that responsibility and the length of time during which the respondent discharged that responsibility;

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

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