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Tuesday, 17 November 1959


Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - This clause unquestionably makes the child to whom the honorable member referred in his illustration a child for the purposes of the application of the act, so that, if there should subsequently be a divorce between the new pair, the court, would be entitled, if the circumstances were appropriate, to make an order for the maintenance of the children of the first marriage who had been brought into the household of the second marriage. But, of course, the old order would remain. It would not be discharged because of the second marriage of the mother, in the terms of the honorable member's illustration.

The order would not be discharged, and the court, in the divorce proceedings between the parties to the second marriage, would take into account the fact that there was already an order existing. But, of course, the court might find that that order was insufficient. Take the case, for example, of the divorced wife of a very poor man whose means would permit an order of only 5s. a week for the children. Suppose that she marries a wealthy man who is content to take her children into his household and that subsequently that marriage breaks down. The court may merely say, " You have brought these children into your household and into a new way of life. You must now make appropriate provision for them."







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