HL Deb 17 May 2004 vol 661 c281GC

30 (1) This paragraph applies if an application under paragraph 26 is made on the ground mentioned in paragraph 26(1)(a).

(2) In deciding—

  1. (a) whether the respondent has failed to provide reasonable maintenance for the applicant, and
  2. (b) what order, if any, to make under this Part in favour of the applicant, the court must have regard to all the circumstances of the case including the matters mentioned in paragraph 16(2).

(3) If an application is also made under paragraph 26 in respect of a child of the family who has not reached 18, the court must give first consideration to the welfare of the child while under 18.

(4) Paragraph 16(2)(c) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to the failure to provide reasonable maintenance for the applicant.