Children and the reach of the Child Support Scheme

February 8, 2010

In the case of Lilley v Logan (2009) FLC 98-040, Federal Magistrate Riethmuller found that a child conceived by a prostitute mother and a client falls within the Child Support Scheme and the mother is entitled to child support from the biological father. The father claimed the child was the result of a “consumer transaction” which included an implied term that the mother would avoid pregnancy. His Honour held that a child falls within the Child Support Scheme if he or she is a child of the parties.

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