Section 5A Effect on certain orders of parents living together.F1C1
England and Wales
Where any of the following orders is made, that is to say—
an order under section 9 of the Guardianship of Minors Act 1971 which gives the right to the actual custody of a child to one of the parents of the child.
an order under section 11B of that Act which requires periodical payments to be made or secured to a parent of the child,
an interim order under section 2(4) above which gives the right to the actual custody of a child to a parent of the child,
an interim order under section 2(4A) above which requires periodical payments to be made to a parent of the child, that order shall be enforceable notwithstanding that the parents of the child are living with each other at the date of the making of the order or that, although they are not living with each other at that date, they subsequently live with each other; but that order shall cease to have effect if after that date the parents of the child marry each other or live with each other for a period exceeding six months.
Where any of the following orders is made, that is to say—
an order under section 11B of the Guardianship of Minors Act 1971 which requires periodical payments to be made or secured to a child,
an order under section 2(2) or (3) above,
an interim order under section 2(4A) requiring periodical payments to be made to a child,
then, unless the court otherwise directs, that order shall be enforceable notwithstanding that the parents of the child are living with each other at the date of the making of the order or that, although they are not living with each other at that date, subsequently live with each other.
Where an order is made under section 11D of the M1Guardianship of Minors Act 1971 requiring periodical payments to be made to a person who has attained the age of eighteen, then unless the court otherwise directs, that order shall be enforceable notwithstanding that the parents of that person, although they are not living with each other at the date of the order, subsequently live with each other.
References in this section to the parents of a F3child living with each other shall be construed as references to their living with each other in the same household.
Annotations
Textual amendments
- F1
S. 5A added by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 46
- F2
S. 5A(1)(2)(2A) substituted for s. 5A(1)(2) by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 57
- F3
Word substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 53
Marginal citations
- M1
1971 c. 3 (49:9.)
Modifications
- C1
Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
Notes on Part I
Modifications
- C1
Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)