Provisions relating to jurisdiction, procedure and enforcement

Provisions as to payments required to be made to a child etc.39.

(1)

Where periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made under this Order, any sum required under the order to be paid to the child may be paid to the person with whom the child has his home, and that person—

(a)

may proceed in his own name for the variation, revocation or revival of the order; and

(b)

may proceed in his own name for the recovery of any sum required to be paid under the orderF1 or request or authorise the collecting officer under paragraph (1) or paragraph (2) respectively of Article 85A of the 1981 order.

(2)

Where a child has a right under ArticleF2 22B to apply for the revival of an order which provided for the making of periodical payments to or for the benefit of the child, the person with whom the child has his home may proceed in his own name for the revival of that order.

(3)

Where any person by whom periodical payments are required to be paid to a child under an order made under this Order makes an application for the variation or revocation of that order, the person with whom the child has his home may, instead of or as well as the child, appear as respondent.

(4)

Nothing in paragraphs (1) and (2) shall affect any right of a child to proceed in his own name for the variation or revival of an order or for the recovery of any sum payable thereunder.

(5)

F2. . . where a child isF2 looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995), that authority shall be treated for the purposes of this Article as the person with whom the child has his home.

(6)

In this Article—

  • “child” means a person who has not attained the age of 18;

  • “collecting officer” means the officer mentioned inF3F1 Article 85(4) of the Magistrates' Courts (Northern Ireland) Order 1981.