Delaney v Delaney: CA 22 May 1990

The court made an order for nominal periodical payments for children whose mother was receiving social security benefits. Nourse LJ said: ‘Whilst this court deprecates any notion that a former husband and extant father may slough off the tight skin of familial responsibility and may slither away and lose himself in the greener grass on the other side, nonetheless this court has proclaimed and will proclaim that it looks to the realities of the real world in which we live, and among the realities of life is that there is a life after divorce. The respondent husband is entitled to order his life in such a way as will hold in reasonable balance the responsibilities to his existing family which he carries into his new life, as well as his proper aspirations for that new future.’

Nourse LJ
[1990] 2 FLR 457, [1990] EWCA Civ 14, [1991] FCR 161
England and Wales
Cited by:
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .

Lists of cited by and citing cases may be incomplete.

Child Support

Leading Case

Updated: 01 November 2021; Ref: scu.194405