Restrictions on making of orders under this Act: welfare of children

Schedule 11 – in the House of Commons at 5:45 pm on 23 October 1989.

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8. Where an application is made by a party to a marriage for an order under section 2, 6 or 7 of this Act, then, if there is a child of the family who is under the age of eighteen, the court shall not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children Act 1989 with respect to the child."

26B. In section 19(3A)(b) (interim orders) for the words "subsections (2) and" there shall be substituted "subsection".

26C. For section 20(12) of that Act (variation and revocation of orders for periodical payments) there shall be substituted—

"(12) An application under this section may be made—

  1. (a) where it is for the variation or revocation of an order under section 2, 6, 7 or 19 of this Act for periodical payments, by either party to the marriage in question; and
  2. (b) where it is for the variation of an order under section 2(1)(c), 6, or 7 of this Act for periodical payments to or in respect of a child, also by the child himself, if he has attained the age of sixteen."

26D.—(1) For section 20A of that Act (revival of orders for periodical payments) there shall be substituted—