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07 May 2009 / David Burrows
Issue: 7368 / Categories: Features , Child law , Family , Human rights
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Enforcement matters

Part 3: Do child support committal applications breach human rights? David Burrows reports

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The Child Support Agency (CSA), on behalf of the Child Maintenance and Enforcement Commission, is undertaking a “wave” (its word) of enforcement applications, and yet the committal application procedure under Child Support Act 1991 (CSA 1991), s 39A is probably in breach of Art 6 of the European Convention on Human Rights (the Convention).

Enforcement of payment of child support arrears derives from the liability order (CSA 1991 s 33: see NLJ, 6 March 2009, p 334 and NLJ, 20 March 2009, p 415). CSA 1991, s 39A(2)(a) enables magistrates, on application by the commission, to issue a warrant “committing [a] liable person to prison”. Thus the Commission can apply for imprisonment of a parent who is subject to a liability order.

CSA 1991, s 40(3) provides for disposal by the magistrates: “If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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