Reversing “the inadvertent nationalization of fatherhood”: The British Child Support Act 1991 and its consequences for men, women and children

During the 1980s, with the growth in divorce, remarriage and births outside marriage, men's responsibilities for children and their mothers have been reviewed. In Great Britain, the Child Support Act 1991, following a decade in which the number of lone parents increased by 50 per cent and the proportion claiming state benefit increased from one‐half to two‐thirds, is attempting to shift lone mothers from dependence on the State to dependence on the biological father of their children. This has raised controversial issues concerning women's and children's claims on the State as citizens in their own rights; the balance between a man's private duty to maintain and provide care for children (by maintaining their mother) and his public duty to reimburse the State for doing so; and the legitimacy of trade‐offs between claims on family “property” and claims to maintenance previously exercised in the courts. The individualistic system of English family law, in contrast to the law in Scotland and continental Europe, is part of the context within which these changes are taking place. So, too, is the fall in economic activity rates of lone mothers, which are among the lowest in the European Union.