SCHEDULES
C1 SCHEDULE 15Financial relief in the High Court or a county court etc.: Northern Ireland
Part 8Failure to maintain: financial provision (and interim orders)
Matters to which the court is to have regard on application under paragraph 34(1)(b)
39
1
This paragraph applies if an application under paragraph 34 is made on the ground mentioned in paragraph 34(1)(b).
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.
Sch. 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)