A FIFE father is to take the Child Support Agency to the European Court.

The CSA has been pursuing Mark Cook for #170 maintenance per month despite acknowledging that he shares custody of his son Russell, 12, with his former-wife, Caroline.

Mr Cook, who looks after his son every alternate week, is now facing financial ruin after the CSA arrested his wages as a retained firefighter.

Mr Cook, 35, of Cupar Mills, Cupar, Fife, yesterday said he has now turned to Europe having exhausted all options open to him under the British judicial system.

His case has been through three independent tribunals but he has lost each time because he allowed his former wife to retain Russell's child benefit book.

As a result, the CSA claims Mr Cook is an absent father and is liable to pay child maintenance, even though it has accepted in a letter that he looks after his son 50% of the time.

An application has been lodged with the European Court for the case.

Mr Cook said he remained on ''amicable'' terms with his ex-wife after they separated in May 1995. Their divorce came through last month.

Russell wanted to spend equal time with both parents, who have since found new partners, and the 50/50 custody arrangement was drawn up to minimise interference with his education at Bell Baxter school in Cupar.

Mr Cook, who also works as a clerk of works with Fife Council, said: ''This case is crucifying me. Between that and the divorce I am having to start all over again. I have to work every bit of overtime going. It is become really hard to see my son when he's at my house.''

Local MP Liberal Democrat Menzies Campbell has written to Social Security Minister Alistair Darling stating that Mr Cook's claims that he is being discriminated against are ''fully justified''.

A spokesman for the CSA said: ''We shall be discussing this with our solicitors.''