sec.18Court may order payment of funeral expenses of children

### sec.18 Court may order payment of funeral expenses of children Where— the court, upon complaint made by or on behalf of a parent (in this paragraph called the complainant ) of a child (including an adopted child) is satisfied that the child was a child of the family who died before attaining the age of 16 years, and— that the complainant was, at the date of the death, entitled to receive payments from the other parent under an order for the maintenance of the child; or that an order for the maintenance of the complainant was, at the date of the death, in force under which the other parent was directed to make payments for the benefit of the complainant; or that at the date of death there was in force an order under section 21 directing the payment by the other parent of a nominal amount in respect of the child or the complainant; or the court, upon complaint made by or on behalf of a parent of a stillborn child, is satisfied that the child quickened and that an order for the maintenance of the parent was in force at the date of the stillbirth; and the court is also satisfied that the other parent of the child has not made adequate provision for the funeral expenses of the child, the court may order the other parent to pay such amount as it thinks reasonable for or towards the funeral expenses of the child. Where a parent of a child might, but for that parent’s death, have made a complaint under subsection (1) , the complaint may be made by any person who has paid or is liable to pay the funeral expenses of the child. Where the court, upon complaint made by or on behalf of the mother of a child to whose father she was not married at the time of its conception and whom she has not since married, is satisfied that the child was stillborn or died either before attaining the age of 16 years or, in the case of a child for whose maintenance an order had been made in the lifetime of the child, while the mother was entitled to receive payments under the order, and that the defendant— was the father of the child or had been adjudged to be the father of the child in any other legal proceedings; and has not made adequate provision for the funeral expenses of the child; the court may order the defendant to pay such amount as it thinks reasonable for towards the funeral expenses of the child. Where the mother of a child (including a stillborn child) to whose father she was not married at the time of its conception and whom she did not subsequently marry has died, a complaint under subsection (3) may be made by any person who has paid or is liable to pay the funeral expenses of the child. An order shall not be made under subsection (3) in relation to a stillborn child unless the court is satisfied that the child quickened. An order shall not be made under this section upon a complaint made more than 12 months after the stillbirth or the death of the child to whom it relates. An order shall not be made under subsection (1) in respect of the funeral expenses of a child whose death occurred before the commencement of this Act. s 18 amd 1978 No. 30 s 14 (1) sch (sec.18-ssec.1) Where— the court, upon complaint made by or on behalf of a parent (in this paragraph called the complainant ) of a child (including an adopted child) is satisfied that the child was a child of the family who died before attaining the age of 16 years, and— that the complainant was, at the date of the death, entitled to receive payments from the other parent under an order for the maintenance of the child; or that an order for the maintenance of the complainant was, at the date of the death, in force under which the other parent was directed to make payments for the benefit of the complainant; or that at the date of death there was in force an order under section 21 directing the payment by the other parent of a nominal amount in respect of the child or the complainant; or the court, upon complaint made by or on behalf of a parent of a stillborn child, is satisfied that the child quickened and that an order for the maintenance of the parent was in force at the date of the stillbirth; and the court is also satisfied that the other parent of the child has not made adequate provision for the funeral expenses of the child, the court may order the other parent to pay such amount as it thinks reasonable for or towards the funeral expenses of the child. (sec.18-ssec.2) Where a parent of a child might, but for that parent’s death, have made a complaint under subsection (1) , the complaint may be made by any person who has paid or is liable to pay the funeral expenses of the child. (sec.18-ssec.3) Where the court, upon complaint made by or on behalf of the mother of a child to whose father she was not married at the time of its conception and whom she has not since married, is satisfied that the child was stillborn or died either before attaining the age of 16 years or, in the case of a child for whose maintenance an order had been made in the lifetime of the child, while the mother was entitled to receive payments under the order, and that the defendant— was the father of the child or had been adjudged to be the father of the child in any other legal proceedings; and has not made adequate provision for the funeral expenses of the child; the court may order the defendant to pay such amount as it thinks reasonable for towards the funeral expenses of the child. (sec.18-ssec.4) Where the mother of a child (including a stillborn child) to whose father she was not married at the time of its conception and whom she did not subsequently marry has died, a complaint under subsection (3) may be made by any person who has paid or is liable to pay the funeral expenses of the child. (sec.18-ssec.5) An order shall not be made under subsection (3) in relation to a stillborn child unless the court is satisfied that the child quickened. (sec.18-ssec.6) An order shall not be made under this section upon a complaint made more than 12 months after the stillbirth or the death of the child to whom it relates. (sec.18-ssec.7) An order shall not be made under subsection (1) in respect of the funeral expenses of a child whose death occurred before the commencement of this Act. - (a) the court, upon complaint made by or on behalf of a parent (in this paragraph called the complainant ) of a child (including an adopted child) is satisfied that the child was a child of the family who died before attaining the age of 16 years, and— (i) that the complainant was, at the date of the death, entitled to receive payments from the other parent under an order for the maintenance of the child; or (ii) that an order for the maintenance of the complainant was, at the date of the death, in force under which the other parent was directed to make payments for the benefit of the complainant; or (iii) that at the date of death there was in force an order under section 21 directing the payment by the other parent of a nominal amount in respect of the child or the complainant; or - (i) that the complainant was, at the date of the death, entitled to receive payments from the other parent under an order for the maintenance of the child; or - (ii) that an order for the maintenance of the complainant was, at the date of the death, in force under which the other parent was directed to make payments for the benefit of the complainant; or - (iii) that at the date of death there was in force an order under section 21 directing the payment by the other parent of a nominal amount in respect of the child or the complainant; or - (b) the court, upon complaint made by or on behalf of a parent of a stillborn child, is satisfied that the child quickened and that an order for the maintenance of the parent was in force at the date of the stillbirth; - (i) that the complainant was, at the date of the death, entitled to receive payments from the other parent under an order for the maintenance of the child; or - (ii) that an order for the maintenance of the complainant was, at the date of the death, in force under which the other parent was directed to make payments for the benefit of the complainant; or - (iii) that at the date of death there was in force an order under section 21 directing the payment by the other parent of a nominal amount in respect of the child or the complainant; or - (a) was the father of the child or had been adjudged to be the father of the child in any other legal proceedings; and - (b) has not made adequate provision for the funeral expenses of the child;