The father appealed a finding of the Child Support tribunal against his assertion that he had day to day care of his child.
Held: The Regulations provided that where, as here, one party paid the school fees of a child attending a boarding school, that case had to be treated as a special case. The tribunal had erred in following too closely the award of residence to the mother. The Child Support scheme provided a self contained statutory system for making the decision. It had to decide what would be level of care provided against the actual background, if the child were not at boarding school.
Judges:
Kennedy, Chadwick, Potter LJJ
Citations:
Times 28-Dec-2002, Gazette 23-Jan-2003, [2002] EWCA Civ 1854
Links:
Statutes:
Child Support Act 1991, Child Support (Maintenance Assessment) Regulations 1992 (1992 No 1815) 27
Jurisdiction:
England and Wales
Child Support
Updated: 06 June 2022; Ref: scu.178622