Section 78 — Family Proceedings Act 1980: Related orders

78 Related orders (1) On or at any time after making a paternity order in respect of a child that has already been born, a Family Court may, if the child is dead, order the respondent to pay such sum as the Court specifies, in such manner as the Court specifies, in respect of the funeral expenses of the child. (2) Subject to subsection (4) of this section a Family Court may, on or at any time after making a paternity order in respect of a child, make an order for the payment to the mother of such sum as the Court specifies, in such manner as the Court specifies, in respect of expenses reasonably incurred by her by reason of the pregnancy and the birth of the child and towards her support during the pregnancy and for such period after the pregnancy (not exceeding one month) as the Court specifies. (3) An order may be made under subsection (2) of this section— (a) Instead of or in addition to any maintenance order in respect of the child made pursuant to an application under section 74 of this Act; and (b) Whether or not the child has already been born; and (c) Where the child has already been born, whether or not the child is living. (4) No application may be made under subsection (2) of this section after the expiration of 12 months— (a) From the birth of the child; or (b) Where the mother has miscarried, from the date of the miscarriage. (5) Notwithstanding that a paternity order has not been made by a Family Court in respect of a child, an application for any order under subsection (1) or subsection (2) of this section may be made by the mother of that child against a male person who— (a) Is not married to, or in a civil union with, the mother; and (b) Has never been married to, or in a civil union with, the mother or (if he has been married to, or in a civil union with, the mother) whose marriage or civil union was dissolved before the conception of the child. (6) On hearing an application under subsection (5) of this section, a Family Court may, where it is satisfied that the respondent is a person to whom any of paragraphs (a) , (d) , (e) , or (i) of section 7(1) of the Child Support Act 1991 applies, make any order specified under subsection (1) or subsection (2) of this section against the respondent. Compare: 1968 No 62 s 53(1), (2), (3), (5) Subsection (1) was substituted, as from 1 July 1992, by section 11(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities. Subsection (5)(b) 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 ” . Subsection (5)(a) and (b) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , or in a civil union with, ” after the words “ married to ” wherever they appear. Subsection (6) was amended, as from 1 July 1992, by section 11(2) Family Proceedings Amendment Act 1991 (1991 No 144) by substituting the words “ any of paragraphs (a), (d), (e) or (i) of section 7(1) of the Child Support Act 1991 ” for the words “ any of paragraphs (a), (b), (d), (e), and (f) of section 73(1) of this Act ” . See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities.