A father who wanted a share of the benefits his ex-wife receives for their child has lost his High Court test case.

A judge rejected the claim by firefighter Kevin Barber that fathers separated from their wives should have the legal right to share child benefits with mothers if they played an equal role in caring for their children.

This scheme results in highly disparate treatment

Richard Drabble QC

Mr Barber, from Nottinghamshire, had challenged a government refusal to split the child benefit for one of his two sons, even though he and his wife Karen jointly care for the boy under a shared care arrangement.

The judge, Sir Richard Tucker, ruled there had been no unlawful discrimination or breach of Mr Barber's rights under the European Convention on Human Rights.

Mr Barber's solicitor Conrad Haley, of the human rights pressure group Public Law Project, said he was considering an appeal.

'All or nothing'

He said: "It was disappointing for us. The judge feels that the administration of the child benefits system would be hampered by having to look more closely in these sort of cases where child benefit might have to be split, and that would increase costs and the time it takes to decide claims."

The judge had heard that Mr Barber's case was "one of several which raise issues in relation to the all-or-nothing approach of the UK Government to shared care arrangements and various welfare benefits".

During a recent hearing, Richard Drabble QC, argued on behalf of Mr Barber that the UK statutory scheme adopted an "all-or-nothing" approach which mostly favoured mothers.

He said one partner received child benefit, which was a "gateway" to many additional benefits and allowances including income support, family credit and housing benefit, while the other partner received nothing.

Discrimination

Mr Drabble argued that restricting payments was contrary to articles of the European Convention on Human Rights, which protected the right to family life and prohibited discrimination.

He told the judge: "This scheme results in highly disparate treatment of individuals who, but for the receipt of child benefit, appear to be in identical situations."

He asked the court to interpret the current regulations in a way which was compatible with the convention and allow the benefits to be split between the parents - or else declare the benefits legislation incompatible with human rights laws.

Child benefit, which the government regards as a crucial part of its long-term strategy to eliminate child poverty, is currently claimed by around seven million families.

They receive �15.75 per week for the eldest child and �10.55 for subsequent children.