70A. Recovery of sums expended to maintain child accepted as member of family

The court may, on an application by a person maintaining a child by virtue of his or her duty under section 70(1), order the father or mother of the child, or both, to pay to that person an amount specified by the court, being the sum or part of the sum expended by the person in the maintenance of that child.

The court, when making an order under subsection (1), 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.

No sum expended by a person in the maintenance of a child is recoverable in any application under subsection (1) if the sum was expended more than 3 years before the making of the application unless the court, under special circumstances, otherwise allows.

Any sums ordered to be paid by the court under subsection (1) are recoverable as a debt in accordance with the Family Justice Rules.