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Civil Partnership Act 2004
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Civil Partnership Act 2004, Paragraph 44 is up to date with all changes known to be in force on or before 03 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 5 Paragraph 44:
- s. 19(4)(c) and word inserted by 2024 c. 21 s. 76(7)(b)
- s. 102(8A) inserted by 2023 asp 3 s. 56(2)
- s. 103(10) inserted by 2023 asp 3 s. 56(5)
- s. 108(5) inserted by 2023 asp 3 s. 56(8)
- s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 19(4)(c) and word inserted by 2024 c. 21 s. 76(7)(b)
- s. 102(8A) inserted by 2023 asp 3 s. 56(2)
- s. 103(10) inserted by 2023 asp 3 s. 56(5)
- s. 108(5) inserted by 2023 asp 3 s. 56(8)
- s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
This section has no associated Explanatory Notes
44(1)This paragraph applies if an application under paragraph 39 is made on the ground mentioned in paragraph 39(1)(b).E+W
(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 22(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 22(3).
(4)Paragraph 21(2)(c) (as it applies by virtue of paragraph 22(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.
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