QLDIn ForceAct
Maintenance Act 1965
sec.112Offer to provide home
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### sec.112 Offer to provide home
Where—
the conduct of a party to a marriage constitutes just cause or excuse for the husband or wife of that party to live separately or apart, and—
occasions the husband or wife to live separately or apart; or
occasions the husband or wife to live separately or apart and to take a child of the family from the matrimonial home; or
the conduct of a parent constitutes just cause or excuse for a child of the family to live separately or apart, and occasions the child to live separately or apart;
a bona fide offer by that party or parent to provide a home for the husband or wife or child, as the case may be, is not of itself a sufficient answer to a complaint under this Act for the maintenance of the husband or wife or child, or a sufficient reason for the discharge, suspension, or variation of an order under this Act for the maintenance of the husband or wife or child, and, in the case of a child, the court may, if it appears just so to do having regard primarily to the welfare of the child, make a maintenance order for the benefit of the child notwithstanding that the parent is willing to receive and maintain the child in his or her own home or elsewhere.
s 112 amd 2002 No. 74 s 90 sch
- (a) the conduct of a party to a marriage constitutes just cause or excuse for the husband or wife of that party to live separately or apart, and— (i) occasions the husband or wife to live separately or apart; or (ii) occasions the husband or wife to live separately or apart and to take a child of the family from the matrimonial home; or
- (i) occasions the husband or wife to live separately or apart; or
- (ii) occasions the husband or wife to live separately or apart and to take a child of the family from the matrimonial home; or
- (b) the conduct of a parent constitutes just cause or excuse for a child of the family to live separately or apart, and occasions the child to live separately or apart;
- (i) occasions the husband or wife to live separately or apart; or
- (ii) occasions the husband or wife to live separately or apart and to take a child of the family from the matrimonial home; or