SCHEDULES
C1SCHEDULE 15Financial relief in the High Court or a county court etc.: Northern Ireland
Part 4Matters to which court is to have regard under Parts 1 to 3
Particular matters to be taken into account when exercising powers in relation to children
17
1
This paragraph applies to the exercise by the court in relation to a child of the family of its powers under—
a
Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(d), (e) or (f), or
b
Part 2 (property adjustment orders).
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 way in which the child was being and in which the civil partners expected the child to be educated or trained;
e
the considerations mentioned in relation to the civil partners in paragraph 16(2)(a), (b), (c) and (e).
3
In relation to the exercise of any of those powers against a civil partner (“A”) in favour of a child of the family who is not A’s child, the court must also have regard to—
a
whether A has assumed any responsibility for the child’s maintenance,
b
if so, the extent to which, and the basis upon which, A assumed such responsibility and the length of time for which A discharged such responsibility;
c
whether in assuming and discharging such responsibility A did so knowing that the child was not A’s child;
d
the liability of any other person to maintain the child.
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)