Civil Partnership Act 2004

Particular matters to be taken into account when exercising powers in relation to children E+W

6 (1) This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(c) or (d). E+W

(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 standard of living enjoyed by the family before the occurrence of the conduct which is alleged as the ground of the application;

(e) the way in which the child was being and in which the civil partners expected the child to be educated or trained;

(f) the considerations mentioned in relation to the civil partners in paragraph 5(2)(a) and (b).

(3) In relation to the exercise of its power to make an order in favour of a child of the family who is not the respondent’s child, the court must also have regard to—

(a) whether the respondent has assumed any responsibility for the child’s maintenance;

(b) if so, the extent to which, and the basis on which, the respondent assumed that responsibility and the length of time during which the respondent discharged that responsibility;

(c) whether in assuming and discharging that responsibility the respondent did so knowing that the child was not the respondent’s child;

(d) the liability of any other person to maintain the child.