(1) As stated in
section 116, the step-parent of a child has a duty of maintaining the child
if, and only if, there is an order in force under this section.
(2) A court may, by
order, determine that it is proper for a step-parent to have a duty of
maintaining a stepchild.
(3) In making an order
under subsection (2), a court must have regard to these (and no other) matters
—
(a) the
matters referred to in sections 114 and 115; and
(b) the
length and circumstances of the step-parent’s marriage to, or de facto
relationship with, the relevant parent of the child; and
(c) the
relationship that has existed between the step-parent and the child; and
(d) the
arrangements that have existed for the maintenance of the child; and
(e) any
special circumstances which, if not taken into account in the particular case,
would result in injustice or undue hardship to any person.
[Section 124 amended: No. 25 of 2002 s. 45.]