Civil Partnership Act 2004

Particular matters to be taken into account when exercising powers in relation to children N.I.

17 (1) This paragraph applies to the exercise by the court in relation to a child of the family of its powers under— N.I.

(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.