HC Deb 19 May 1978 vol 950 cc1059-60

Amendment made: No. 12, in page 17, line 42, leave out 'or 6' and insert '6 or (Powers of court where parties are living apart by agreement)'.—[Mrs. Hayman.]

Dr. Summerskill

I beg to move Amendment No. 13, in page 18, line 9, leave out from beginning to 'power' in line 12.

Mr. Deputy Speaker

With this amendment we may also take Government Amendments Nos. 14 to 17.

4.15 p.m.

Dr. Summerskill

These amendments relate to the powers of the court to make interim maintenance orders under Clause 16. The hon. Member for Chislehurst (Mr. Sims) made some persuasive points in Committee. I undertook to examine the matter further. The hon. Gentleman was right in his argument. The amendments remove the requirement that the applicant or child should be in immediate need of financial assistance, so that it should be left entirely to the court to decide whether it is appropriate to make an interim order.

There may be cases, for instance, in which the applicant has established a ground for a maintenance order but the court adjourns for preparation of reports on the children, in which case it is right that the courts should be able to make an interim order without having to be satisfied that the applicant is in immediate financial need. The amendments would give the court discretion. I commend them to the House.

Mr. Sims

I thank the Minister for meeting my point.

Amendment agreed to.

Amendments made:

No. 14, in page 18, line 15, leave out 'that child' and insert: 'any child of the family who is under the age of eighteen'.

No. 15, in page 18, line 16, leave out first 'the' and insert 'such a'.

No. 16, in page 18, line 18, at beginning insert 'power'.

No. 17, in page 18, line 21, leave out 'the court shall have power'.—[Dr. Summerskill.]

No. 18, in page 18, line 36, leave out 'or 6' and insert: '6 or (Powers of court where parties are living apart by agreement)'.

No. 19, in page 19, line 2, leave out 'or 6' and insert: '6 or (Powers of court where parties are living apart by agreement)'.

No. 20, in page 19, line 17, leave out 'or 6' and insert: '6 or (Powers of court where parties are living apart by agreement)'.

No. 21, in page 19, line 34, leave out 'or 6' and insert: '6 or (Powers of court where parties are living apart by agreement)'.

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