Section 45 — Family Proceedings Act 1980: Arrangements for welfare of children on dissolution of marriage or civil union

45 Arrangements for welfare of children on dissolution of marriage or civil union (1) A Family Court shall not make an order dissolving a marriage or civil union unless it is satisfied that— (a) Arrangements have been made for the day-to-day care, maintenance, and other aspects of the welfare of every child of the marriage or civil union who is under the age of 16 years (or, in special circumstances, of or over that age) and those arrangements are satisfactory or are the best that can be devised in the circumstances; or (b) It is impracticable for the party or parties appearing before the Court to make any such arrangements; or (c) There are special circumstances justifying the making of an order dissolving the marriage or civil union, notwithstanding that the Court is not satisfied that any such arrangements have been made. (1A) A Registrar shall not make an order dissolving a marriage or civil union unless he or she is satisfied that arrangements have been made for the day-to-day care, maintenance, and other aspects of the welfare of every child of the marriage or civil union who is under the age of 16 years (or, in special circumstances, of or over that age) and those arrangements are satisfactory or are the best that can be devised in the circumstances. (2) A Family Court shall not make an order dissolving a marriage or civil union, in reliance on any special circumstances referred to in subsection (1)(c) of this section, unless it has obtained a satisfactory undertaking from either or both of the parties to the proceedings to bring before the Court within a specified time the question of the arrangements for every child of the marriage or civil union. (3) No order dissolving a marriage or civil union shall be invalid solely on the ground that— (a) Any provision of subsections (1) , (1A) , and (2) of this section has not been complied with; or (b) Any information that is relevant for the purposes of those subsections has not been supplied to the Court; or (c) Any information that has been supplied is incomplete, incorrect, or misleading; or (d) Any undertaking that is given under subsection (2) of this section has not been carried out. Compare: 1963 No 71 s 49; 1968 No 60 s 5 The heading to section 45 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Section 45 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears. Subsection (1)(a) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ day-to-day care ” for the word “ custody ” . Subsection (1A) was inserted, as from 1 July 1994, by section 8(1) Family Proceedings Amendment Act 1994 (1994 No 32). Subsection (1A) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ day-to-day care ” for the word “ custody ” . Subsection (3) was amended, as from 1 July 1994, by section 8(2) Family Proceedings Amendment Act 1994 (1994 No 32) by substituting the expression “ subsections (1), (1A), ” for the expression “ subsections (1) ” .