A Trio of Child Support Cases

The Child Support Act 1991 sits awkwardly in the framework of family law statutes in New Zealand. Governed by the Inland Revenue Department, it is not typical of legislation of its kind, as it does not expressly consider the best interests of the child. However, the cases of C v L [Child Abduction], Commissioner of Inland Revenue v DJP, and Inland Revenue Department v C, have all held that the best interests of the child can play a decisive role under the Act. This article explains why these cases typify the shortcomings of the Act, especially in terms of misconduct, and shows why wholesale changes to the legislation are needed