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In forceAmended2020 Revised Edition

Part 8 · Maintenance of Wife, Incapacitated Husband and Children

70. Duty to maintain child accepted as member of family

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Amended

Last amended by an amending law of 2023.

(1)

Where a person has accepted a child who is not his or her child as a member of the person’s family, it shall be the person’s duty to maintain that child while he or she remains a child, so far as the father or the mother of the child fails to do so, and the court may make such orders as may be necessary to ensure the welfare of the child, which may include an order that the person pay a monthly sum or lump sum for the maintenance of the child.

(2)

The duty imposed by subsection (1) ceases if the child is taken away by his or her father or mother.

(3)

The court, when making any order under subsection (1) that the person pay a monthly sum or lump sum for the maintenance of the child, is to have regard to all the circumstances of the case, including the matters in section 69(4) where appropriate and with the necessary modifications.

(4)

An application for an order under subsection (1) may be made by —

(a)

any person who is a guardian or has the actual custody of the child;

(b)

where the child has attained 21 years of age, the child himself or herself;

(c)

where the child is below 21 years of age, any of his or her siblings who has attained 21 years of age; or

(d)

any person appointed by the Minister.

(5)

Subsections (5) to (8) of section 69 apply, with the necessary modifications, to the making of an order under this section.

Report

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules