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07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
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Lit over split

Can a dispute between parents about how they divide child benefit between them be resolved...

Can a dispute between parents about how they divide child benefit between them (where one of them will not accept a determination by HMRC) be resolved by way of a specific issue application under the Children Act 1989 if they so consent?

The court would have to be satisfied that the dispute involved an aspect of parental responsibility which means “all the rights, duties, powers, responsibilities...which by law a parent has in relation to the child and his property” (s 3(1) of the Children Act 1989). There are arguments both ways as to whether this would embrace a child benefit dispute. The child benefit is not the child’s property as it belongs to the parents. On the other hand, payment to one parent in a shared residence situation may cause hardship to the other party and it could be of benefit to the child for the court to be able to make a determination. Depending on the circumstances, an appropriate

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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