ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 5 Agreement as to payment of weekly or lump sum.

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ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 5

Agreement as to payment of weekly or lump sum.

5. Where an agreement is entered into between the mother of an illegitimate
child and the man alleged to be the father of that child, for the payment by
that man of a weekly sum of money, or of a lump sum, for the maintenance and
education of the child, and in discharge of any liability under this Act in
respect thereof, such agreement shall be a bar to proceedings to obtain an
Affiliation Order under this Act in respect of that child, or in case such
agreement is entered into after a summons has been issued under this Act, but
before the hearing of the case, a bar to further proceedings for that purpose,
if a resident magistrate is satisfied on an ex parte application by either
party (which may be heard and determined otherwise than in open court)

(a)that the agreement affords to the child benefits at least equal to those
which might be expected to have been obtained by the making of an Affiliation
Order or the commutation of the weekly sums payable under an Affiliation
Order; and

(b)that the agreement provides for the payment of the weekly sums, or the lump
sum, to some person or body of persons approved by the resident magistrate;
and

(c)where the agreement is for a lump sum, that it provides for the investment
and application of that sum for the maintenance and education of the child in
such manner as the resident magistrate may approve.

S.6 rep. by 1946 c.5 (NI) s.4(2); 1948 c.13 (NI) s.30(2) sch.6; SLR (NI) 1952;
1964 c.21 (NI) s.172 sch.7; 1980 NI4 art.44(2)(b) sch.3

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Northern Irish Legislation

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 5