Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian [2012] EWCA Civ 1379 (30 October 2012)

CHILD MAINTENANCE — Enforcement — Committal to prison — Non-resident parent not complying with order to pay maintenance — Statutory power, in case of wilful refusal or culpable neglect, to commit to prison and/or disqualify from holding or obtaining driving licence — Pre-condition that distress under statute should have been “sought” — True construction of word “sought” — Whether body seeking enforcement having sought distress — Child Support Act 1991, s 39A (as inserted by Child Support, Pensions & Security Act 2000, s 16(1)).

Report: ICLR

Full report: Family Law Week