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Family Law

The leading authority on all aspects of family law

02 MAY 2006

A Duty But Not a Right: Child Support after R (Kehoe) v Secretary of State for Work and Pensions

Nick Wikeley, John Wilson Chair in Law, School of Law, University of Southampton. This commentary examines the decision of the House of Lords in R (Kehoe) v Secretary of State for Work and Pensions [2005] UKHL 48, [2005] 2 FLR 1249, in which the majority of their Lordships held that, in relation to the enforcement provisions in the Child Support Act 1991, a parent with care has no civil right within the meaning of Art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. As a result, only the Child Support Agency can enforce a child support maintenance assessment, the parent with care has no standing to do so. See Child and Family Law Quarterly, Vol 18, No 2, 2006 for the full article.

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