Civil Partners & Children
2015 Act Reform
The Children and Family Relationships 2015 amends the Civil Partnership and Certain Rights and Obligations of Cohabitants Act to give the same protection rights and obligations that apply to dependent members of the family in legislation (including maintenance, family home protection, the dependent children of one or both civil partners).
The provisions provide that a civil partner of a parent, who is not also the parent of the dependent child, has the same liabilities and duties towards the dependent child that a spouse currently has under legislation towards the dependent child of his or her spouse.
Provision for Dependent Child
Provision is made for any person, in certain circumstances, to make an application to Court on behalf of a dependent child for provision to be made for the dependent child. This takes account of situations where a person other than the civil partner, is responsible for caring for a dependent child of the civil partner.
A civil partner may apply to Court for a maintenance order from his civil partner. This includes maintenance for the benefit of dependent children if the civil partner has failed to provide proper maintenance. The maintenance liability to dependent children continues to apply in situations where the parent’s civil partner deserts the family or dies.
A ‘dependent child’ is a child under 18 years or over 18 years and under 23, still in full-time education, or a child suffering from a mental or physical disability who cannot maintain himself.
A ‘dependent child of the civil partners’ is defined as a child of both the civil partners who are parents of the child (either by joint adoption or donor-assisted human reproduction procedure), or if one of the civil partners is a parent or has adopted the child or is in loco parentis to the child, and the other civil partner is treating the child as a member of the family. This accords with the definition of ‘dependent member of the family by which the dependent member may be a child of one or both spouses.
Maintenance Obligation
There is a maintenance obligation towards the dependent children of civil partners. The provisions applicable to dependent children of spouses in relation to maintenance are extended to dependent children of civil partners.
The definition of a maintenance creditor is expanded. Where a person other than a civil partner is caring for the dependent child of civil partner, the person has the right to apply for maintenance from the civil partner for the dependent child.
A maintenance order for the benefit of a dependent child is discharged when the dependent child ceases to be dependent. It may be infinite if the dependent child has a mental or physical disability to the extent that he or she cannot maintain himself.
Maintenance Issues
An applicant in an interim maintenance application may be a civil partner or a person applying on behalf of a dependent child for maintenance for the benefit of the dependent child.
Any provision relating to maintenance payments for a dependent child in an agreement between civil partners may be made a rule of court. The Court, when making an order to secure periodical maintenance, may specify how the payment should be applied, including in the provision of suitable accommodation for the dependent child to whom the maintenance payment relates. Failure by the maintenance debtor to make payments due under an order is deemed a contempt of Court.
A maintenance debtor under the Civil Partnership and Cohabitant’s legislation is in the same position as a spouse in respect of a maintenance debt.  The Court may make an order against a civil partner for payment of a lump sum for the birth or funeral expenses of a dependent child.
The Court, when making orders in relation to the dissolution of a civil partnership, may take into account the position of and make orders for the benefit of dependent children of the civil partners. This is equivalent to a provision in respect of the dissolution of the marriage of spouses.
Household Protections
Protections afforded to a dependent child of spouses in relation to the family home, are extended to a dependent child of civil partners in relation to their shared home. The Court must consider the dependent child when making any order under the provisions. The 2010 Act required the Court only to consider the other civil partner.
The Court may prohibit a civil partner from disposing of household chattels if it makes it difficult for the other civil partner or dependent child to live there. It may make an order to compensate the civil partner and dependent child.
The court must consider the respective needs and resources of civil partners and of any dependent child, when dispensing with the consent of a civil partner for the conveyance of the shared home. The court may consider the position of a dependent child when making any orders necessary for the protection of the shared home, including compensating the dependent child, if the Court considers that the conduct of a civil partner is leading to the loss of the shared home.
Dissolution
Where a court grants a decree of dissolution to civil partners, it must ensure that proper provision has been made for the civil partners and any dependent of the civil partner. The court may make orders in relation to the welfare of the dependent children under the Guardianship of Infants Act. A decree of dissolution will not affect the rights of the civil partners if they are both the children’s parents as joint guardians of the dependent children.
The court may include provision not only for the civil partner but also for the dependent children of civil partners, when making a maintenance order pending grant of dissolution of the civil partnership.
The Court may make periodical orders, secured periodical payments or lump sum payments for the benefit of dependent children of civil partners. The Court may make a property adjustment order for the benefit of a dependent child of a civil partner on the granting of dissolution or thereafter.
A Court may make orders on application to it by the civil partner or any person in relation to the shared home on the granting of a decree of dissolution of a civil partnership or thereafter. It may confer on one civil partner the right of sole occupancy or an order extinguishing or reducing the interest of a civil partner in a shared home. The Court is to have regard to the welfare of dependent children of the civil partners.
Civil partners, when providing particulars in relation to property and income to the Court, must provide the Court with details of the financial circumstances of any dependent children.
The Court may on any application made by a cohabitant, make an order for the benefit of a dependent child. Where the cohabitants have a child of whom they are both parents, they may also apply under the principal maintenance legislation.
Long Term Provision
On an application to it by either civil partner or any person, the Court may order a civil partner to put in place a life insurance policy for a dependent child of the civil partners and assign all or part of the policy for the benefit of the dependent children.
The court, when making a pension adjustment order, may make specific provisions for the benefit of dependent children.
In determining any application for financial relief or other orders, there are statutory factors to which the Court should have regard in making an order for the benefit of dependent children.
Persons may make application on behalf of the dependent children to vary orders made for the benefit of a dependent child.  Orders cease when the child reaches 18 or 21, if in full-time education.
Conduct
The Courts are not to have regard to the conduct of a civil partner or civil partners when determining whether to make provision for a dependent child. The District Court may make a maintenance order of up to €150 per week for the benefit of a dependent child.
A Court may declare, on the granting of a dissolution, that either of the civil partners is unfit to have custody of any dependent child. The Court may order a social report on any question affecting the welfare of any party to the proceedings or any dependent child.