ABSTRACT

Thus, those parents who want to fund a child by joint parenting agreements will have to rely on the skill of practitioners in drafting their agreements, which may or may not be able to protect them from the CSA’s intervention (eg, by a consent order including a chargeback where the CSA is relied upon following an agreed financial settlement). The Family Law Bar Association has been piloting this since well before the 1991 regime was implemented, with mixed success, but in that case tended to be aided and abetted by robust judges who hung on to the court’s power to vary even when the CSA was claiming that they had no jurisdiction to do so: at that time the CSA’s teething troubles much assisted this outcome.