SCHEDULES
SCHEDULE 5Financial relief in the High Court or a county court etc.
Part 9Failure to maintain: financial provision (and interim orders)
Matters to which the court is to have regard on application under paragraph 39(1)(b)
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1
This paragraph applies if an application under paragraph 39 is made on the ground mentioned in paragraph 39(1)(b).
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.