Capital idea
Sir: I was surprised to read the letter by Nicholas Mostyn (Letters, 20 November). The Family Law Bar Association shares the view of the Solicitors Family Law Associa- tion that, wherever there has been an assessment by the Child Support Agency, there should be the opportunity to apply to the Court for a review of the assessment on the grounds that it is unfair. One of the cat- egories of case that can produce an unfair result is where there has already been a Court Order or an agreement between the
parties that the parent with whom the child lives receives all or the majority of the capi- tal in return for less or no maintenance. The advantage of this sort of arrangement is that it provides a home for the children, while giving the parent with whom they do not live enough income to maintain a home for himself.
On investigating further the view expressed by Mr Mostyn, I understand that you have not printed the whole of his letter and that had you done so, it would have been clear that he shares this view, he hav- ing repeatedly argued that there should be an Australian style right of review of such assessments.
Jane Simpson
Solicitors Family Law Association, Manches & Co., Aldwych House, 81 Aldwych, London WC2
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