Section 79 — Family Proceedings Act 1980: Application for maintenance order against natural parent

79 Application for maintenance order against natural parent Where— (a) The natural parents of a child are not married to, or in a civil union with, each other; and (b) The natural father of the child is a person who is a parent from whom the payment of child support may be sought in respect of the child under section 6 of the Child Support Act 1991 ; and (c) Either natural parent has or has had the role of providing day-to-day care for the child,— the natural parent who has or has had the role of providing day-to-day care of the child may apply for a maintenance order in favour of that natural parent against the other natural parent. Compare: 1968 No 62 s 53(2)(b), (4), (5); 1975 No 70 s 2 The heading to section 79 was amended, as from 1 February 2002, by section 10 Family Proceedings Amendment Act 2001 (2001 No 7) by substituting the words “ against natural parent ” for the words “ in favour of unmarried parent ” . Section 79 was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ the role of providing day-to-day care of the child may ” for the words “ custody may ” . Paragraph (a) 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 ” . Paragraph (b) was substituted, as from 1 July 1992, by section 12 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. Paragraph (c) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ the role of providing day-to-day care for ” for the words “ custody of ” .