SCHEDULES
SCHEDULE 6F1Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978
Part 1Failure to maintain etc.: financial provision
Particular matters to be taken into account when exercising powers in relation to children
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).
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.
Sch. 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)