The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
The starting point with regard to a calculation sought from the Child Maintenance Service (CMS) against a named parent is that the CMS will request evidence of that parent to prove that they are not the parent. However, no maintenance calculation will be made on the assumption that the alleged parent is a parent unless under section 26 of the Child Support Act 1991 (CSA 1991):
the child is habitually resident in England and Wales and the Secretary of State is satisfied that the alleged parent was married to the child’s mother at some time in the period beginning with conception and ending with birth
the alleged parent was registered as the father of the child
the alleged parent
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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