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.