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Family Law

The leading authority on all aspects of family law

20 SEP 2011

A duty but not a right: child support after R (Kehoe) v Secretary of State for Work and Pensions [2006] CFLQ 287

This commentary examines the decision of the House of Lords in R (Kehoe) v Secretary of State for Work and Pensions, 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 Article 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.

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