Domestic Proceedings and Magistrates’ Courts Act 1978

65 Further provisions as to maintenance of child subject to custodianship order. X1 E+W

After section 34 of the M1 Children Act 1975 there shall be inserted the following sections—

“34A Matters to which court is required to have regard in excercising powers as to maintenance.

(1) The court, in deciding whether to exercise its powers under section 34(1)(b) or (c) and, if so, in what manner, shall have regard to all the circumstances of the case including the following matters, that is to say—

(a) the income, earning capacity, property and other financial resources of each parent and of the custodian ;

(b) the financial needs, obligations and responsibilities of each parent and of the custodian ;

(c) the financial needs of the child ;

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

(e) any physical or mental disability of the child.

(2) The court in deciding whether to exercise its powers under section 34(1)(b) or (c) against a person who is not the child’s mother or father and, if so, in what manner, shall, in addition to the matters mentioned in subsection (1), have regard (among the circumstances of the case)—

(a) to whether that person had assumed any responsibility for the child’s maintenance and, if he did, to the extent to which and the basis on which he assumed that responsibility and to the length of time during which he discharged that responsibility ;

(b) to whether in assuming and discharging that responsibility he did so knowing that the child was not his own child ;

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

(3) In subsection (1)—

(a) references to a parent of a child include any person in relation to whom the child was treated as a child of the family (as defined in section 52(1) of the Matrimonial Causes Act 1973) ;

(b) the reference in paragraph (a) to income, earning capacity, and other financial resources includes the income, earning capacity, property and other financial resources which the person concerned is likely to have in the foreseeable future ; and

(c) the reference in paragraph (b) to financial needs, obligations and responsibilities includes the financial needs, obligations and responsibilities which the person concerned is likely to have in the foreseeable future.

34B Duration of orders for maintenance.

(1) The term to be specified in an order made under section 34(1)(b) in favour of a child may begin with the date of the making of an application for the order in question or any later date but—

(a) shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age (that is to say, the age that is for the time being that limit by virtue of section 35 of the Education Act 1944 together with any Order in Council made under that section) unless the court thinks it right in the circumstances of the case to specify a later date ; and

(b) shall not in any event, subject to subsection (2) below, extend beyond the date of the child’s eighteenth birthday.

(2) Paragraph (b) of subsection (1) shall not apply in the case of a child if it appears to the court that—

(a) the child is, or will be, or if an order were made without complying with that paragraph would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment ; or

(b) there are special circumstances which justify the making of an order without complying with that paragraph.

(3) Any order made under section 34(1)(b) in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.”.

Editorial Information

X1 The text of ss. 42–47(1), 48–74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1975 c. 72.