swarb.co.uk - law index
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Child Support - From: 1996 To: 1996
This page lists 8 cases, and was prepared on 20 May 2019.
Re B (Parentage) [1996] 2 FLR 15
1996
FD
Bracewell J
Children, Health, Child Support
A mother applied for financial provision for her twin children under 1989 Act Sch 1. The father asked whether he was their parent within the Schedule. They had been born by artificial insemination. He accepted that he was the donor of the sperm and the biological father, but said that whilst he willingly donated the sperm, by the time the insemination took place he had parted from the mother and was at that stage not asked to consent to the actual insemination. Held: The court considered the effect of the provisions of paragraph the 1990 Act with regard to "receiving treatment services together." On the facts the "father" had gone to the hospital for the beginning of the procedure together with the mother and it was part of a plan in which they were both willing and anxious to produce a child with the father's sperm. Although the father's relationship with the mother had ended by the time the actual insemination was carried out, he was a willing consenting party to the treatment which they had commenced together when the sperm sample was taken and he had not subsequently withdrawn his deemed consent. The exception to the requirement for written consent applied.
Human Fertilisation and Embryology Act 1990 Sch3 5(3) - Children Act 1989 Sch 1
1 Citers
Logan v United Kingdom [1996] ECHR 81; (1996) 22 EHRR CD178; 24875/94
1996
ECHR
Liddy P
Human Rights, Child Support
[ Bailii ]
Phillips v Peace [1996] 2 FCR 237
1996
Child Support
The assessment of an absent parent's liability under the Act is a mechanical one, achieved by the application of a formula. That assessment of liability does not reflect a number of potentially relevant factors, such as the availability to the absent parent of substantial capital.
Child Support Act 1991
1 Citers
Secretary of State for Social Security v Shotton and Others Independent, 30 January 1996; [1996] 2 FLR 241
30 Jan 1996
QBD
Child Support
Magistrates have no power to question an assessment made by the Child Support Agency when making a deduction order.
Child Support Act 1991 32(6)
1 Citers
Department of Social Services v Taylor; Same v Mckay; Same v Brown; Etc Times, 08 February 1996
8 Feb 1996
QBD
Child Support
Justices have no power themselves to act to correct a defective CSA liability order. Their role is merely to enforce. Doubts to be remitted to CSA.
Magistrates Courts Act 1980 58
In Re H (Minors) (Parental Responsibility Order: Maintenance); CA 28-Feb-1996 - Times, 28 February 1996
Phillips v Pearce; FD 17-Jul-1996 - Gazette, 17 July 1996; [1996] 2 FCR 237
Burrows v United Kingdom [1996] ECHR 73; 27558/95
27 Nov 1996
ECHR
Liddy P
Human Rights, Child Support
(Admissibility)
[ Bailii ]
