XN000022-1986-10-29 — Page 12

WEDNESDAY, OCTOBER 29, 1986

10

REMOVAL OF FAMILY MAINTENANCE LIMITS PROPOSED

*****

DRAFT LEGISLATION PROVIDING FOR THE REMOVAL OF FINANCIAL LIMITS ON THE AMOUNTS A COURT CAN ORDER TO BE PAID AS MAINTENANCE TO A WIFE AND HER CHILDREN AND IN RESPECT OF ILLEGITIMATE CHILDREN WAS INTRODUCED IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, SAID THE MAIN OBJECT OF ALL THREE BILLS CONCERNED WAS TO REMOVE THE EXISTING FINANCIAL LIMITS ON AMOUNTS THAT THE DISTRICT COURT COULD ORDER TO BE PAID UNDER THE PRINCIPAL ORDINANCES FOR THE MAINTENANCE AND EDUCATION OF A CHILD.

THE BILLS ARE THE SEPARATION AND MAINTENANCE ORDERS (AMENDMENT) BILL 1986, THE AFFILIATION PROCEEDINGS (AMENDMENT) BILL 1986, AND THE GUARDIANSHIP OF MINORS (AMENDMENT) BILL 1986.

IN MOVING THE SECOND READINGS OF THE BILLS, MR THOMAS SAID THE VARIOUS FINANCIAL LIMITS IN THREE ORDINANCES CONCERNED WERE THE PRODUCT OF HISTORY RATHER THAN PRINCIPLE. +THEY DATE BACK TO A TIME WHEN THIS JURISDICTION WAS EXERCISED BY LAY MAGISTRATES.+

+THE MAIN DISADVANTAGE OF LIMITS IS THAT THEY WILL PREVENT THE COURT FROM DOING JUSTICE IN THE EXCEPTIONAL CASE,+ HE SAID.

HE SAID THERE WAS NO REASON IN LAW OR IN PRINCIPLE WHY THE ASSESSMENT OF MAINTENANCE IN ALL THREE ORDINANCES COULD NOT BE LEFT TO THE DISCRETION OF THE COURT. THE FACTS OF EACH CASE WOULD PROVIDE THE ONLY CONSTRAINTS THAT WERE RELEVANT. IN ALL CASES, THERE WOULD BE THE USUAL RIGHTS OF APPEAL.

MR THOMAS NOTED THAT THERE HAD ALREADY BEEN WIDE CONSULTATION ON THIS ASPECT OF THE BILLS. AND THE OVERWHELMING RESPONSE WAS IN FAVOUR OF A REMOVAL OF THE LIMITS.

+THE REMOVAL OF THE FINANCIAL LIMITS IN THE THREE PRINCIPAL ORDINANCES IS UNLIKELY TO RESULT IN ANY GENERAL INCREASE IN THE AMOUNT OF AWARDS MADE BY THE COURTS. BUT IT WILL ENSURE THAT THERE IS NOTHING TO PREVENT JUSTICE BEING DONE IN EXCEPTIONAL CASES WHERE THE CIRCUMSTANCES MAY REQUIRE AN EXCEPTIONAL AWARD AGAINST A WEALTHY PARENT, FOR EXAMPLE IN THE CASE OF A HANDICAPPED CHILD WHO NEEDS SPECIAL CARE,+ HE SAID.

J

THE AFFILIATION PROCEEDINGS ORDINANCE AND THE GUARDIANSHIP OF MINORS ORDINANCE PROVIDED THAT PAYMENTS IN RESPECT OF A CHILD COVERED BOTH MAINTENANCE AND EDUCATION.

•

SIMILARLY, THIS BILL NOW MADE PROVISION FOR ORDERS MADE UNDER THE SEPARATION AND MAINTENANCE ORDERS ORDINANCE TO COVER BOTH MAINTENANCE AND EDUCATION.

/+THESE ARE

.............

L