SCHEDULES
SCHEDULE 5Financial relief in the High Court or a county court etc.
Part 5Matters to which court is to have regard under Parts 1 to 4
Particular matters to be taken into account when exercising powers in relation to children
22
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)),
b
Part 2 (property adjustment orders), or
c
Part 3 (sale of property 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 21(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.