CSA: estranged parents, non-benefit cases, failings of the Act : LETTER S

From Mr Nicholas Mostyn Sir: Your report of the changes to be made to the Child Support Act 1991 is misleading insofar as it implies that all non-benefit cases will be denied access to the Child Support Agency. In fact, it is only those cases where a formal maintenance arrangement was in place prior to April 1993, or those cases where parents have chosen, as they are at liberty to do under the existing legislation, to have a consent order for maintenance made by the court, that will be denied access to the agency. These parents will have variation of their agreements made by the Court.

All other non-benefit cases will be dealt with by the agency, and these will include every case where parents cannot agree maintenance and require an adjudication. This is exactly the system that obtains in Australia.

Yours faithfully, Nicholas Mostyn Family Law Bar Association London, EC4