HL Deb 17 May 2004 vol 661 c300GC

13 (1) This paragraph applies if on an application under this Part or a request under paragraph 14 the court decides—

  1. (a) that it would be contrary to the interests of justice to make an order for the making of the financial provision specified in the application or request, or
  2. (b) that any financial provision which the applicant or the respondent (as the case may be) has agreed to make in respect of a child of the family does not provide for, or make a proper contribution towards, the financial needs of that child.

(2) If the court is of the opinion—

  1. (a) that it would not be contrary to the interests of justice to make an order for the making of some other financial provision specified by the court, and
  2. (b) that, in so far as that other financial provision contains any provision for a child of the family, it provides for, or makes a proper contribution towards, the financial needs of that child,
then, if both the civil partners agree, the court may order the applicant or the respondent (as the case may be) is to make that other financial provision.