§ 31 (1) This paragraph applies if an application under paragraph 26 is made on the ground mentioned in paragraph 26(1)(b).
§ (2) In deciding—
- (a) whether the respondent has failed to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates, and
- (b) what order, if any, to make under this Part in favour of the child, the court must have regard to all the circumstances of the case.
§ (3) Those circumstances include—
- (a) the matters mentioned in paragraph 17(2)(a) to (e), and
- (b) if the child of the family to whom the application relates is not the child of the respondent, the matters mentioned in paragraph 17(3).
§ (4) Paragraph 16(2)(c) (as it applies by virtue of paragraph 17(2)(e)) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to—
- (a) the failure to provide, or
- (b) the failure to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates.