ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 3 Provisions as to duration, effect and variation of Affiliation Orders.

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ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 3

Provisions as to duration, effect and variation of Affiliation Orders.

3.(1) A liability under an Affiliation Order shall not be determined by the
death of the mother or of the putative father of the child in respect of whom
the order has been made. In the case of the death of the mother after the
making of an Affiliation Order proceedings for the enforcement of the order
may be taken or continued by the person having the custody of the child,...
and such person... may be made a party to any proceedings taken for the
commutation of weekly sums. In the case of the death of the putative father
after the making of the Affiliation Order, his personal representative may be
made a party to any proceedings for the enforcement of the order, and the
court may make an order for the payment out of his estate of such lump sum as
the court thinks just, but in no case exceeding the aggregate of the sums for
the payment of which the putative father would, if he had lived, have been
liable under the Affiliation Order. Such lump sum shall be paid to the
collecting officer or to such other person or body of persons as may be
designated by the court and shall be invested and applied for the maintenance
and education of the child in such manner as the court may direct.

(2) Any weekly sum payable under an Affiliation Order shall be calculated as
from such date, within twelve months before or after the date of the order,
but in no case earlier than the birth of the child, as the court thinks fit.

(3) The sums due under an Affiliation Order shall be payable (whether through
the collecting officer ..., or directly) to such person as may be named in the
order, being

(a)... the mother or other person for the time being having the custody of the
child either legally or by any arrangement approved by the court;

Para.(b) rep. by 1948 c.13 (NI) s.30(2) sch.6

(4) A court of summary jurisdiction may, upon cause being shown upon fresh
evidence to the satisfaction of the court, make an order varying an
Affiliation Order

(a)by altering the amount of the sums payable thereunder or directing that the
payment of those sums shall cease or be revived; or

(b)by directing that the sums payable thereunder shall be paid to some person
other than the person named in the Affiliation Order:

(c)by ordering the payment by the putative father of the funeral expenses of
any child who may have died while any Affiliation Order in respect of such
child was in force against such putative father [to an amount that the court
considers reasonable].

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Northern Irish Legislation

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 3