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

© Copyright LexisNexis 2024. All rights reserved.
Date:2 MAY 2006

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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