Child Definition

GLOSSARY

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What does Child mean?

A person under the age of 18.

Rules governing litigation involving children are found in CPR Rule 21.

View the related checklists about Child

Defendant receiving a claimant's Part 36 offer—checklist

Defendant receiving a claimant's Part 36 offer—checklist This checklist on receiving a Part 36 offer identifies the key factors that a defendant should consider on receipt of a claimant’s Part 36 offer. Consideration Guidance Further information Relevant period The defendant should calculate the date when the relevant period expires for accepting the claimant’s Part 36 offer, which must be no less than 21 days from when the Part 36 offer was served (CPR 36.5(1)(c)).It is important to note this date because there may be costs consequences for late acceptance of the claimant’s Part 36 offer. There will also be costs consequences if the claimant’s Part 36 offer is not accepted and the claimant obtains a judgment that is at least as advantageous as their own Part 36 offer (CPR 36.17(1)(b)). For further information, see Practice Notes: Part 36 offers—how to make a valid Part 36 offer—The relevant period (minimum 21 days) and Part 36 offers—costs consequences of rejection or non-acceptance—Costs consequences—defendant not accepting a claimant's Part 36 offer. Validity...

Family provision claims—table of cases

Family provision claims—table of cases Spouse or civil partner of the deceased Topic Case name Summary Author Spouse of the deceased Ramji v Harvey (in his capacity as executor of the estate of Sugrim Orlando Ramji deceased) and others [2023] EWHC 1664 (Ch) News Analysis: Lifetime transaction set aside on the basis of undue influence (Ramji v Harvey).In this preliminary issue trial in a claim under I(PFD)A 1975, the court set aside a transfer finding that the relationship between the deceased and the surviving spouse was one of trust and confidence resulting in a presumption of undue influence. Holly Challenger, Parklane Plowden Chambers Spouse of the deceased Re estate of Singh (deceased) [2023] EWHC 304 (Fam) News Analysis: Spousal claim under I(PFD)A 1975 dealt with on an abbreviated basis (Re estate of Singh (deceased))The judge dealt with this claim on an abbreviated basis, as the claim was either uncontested or alternatively, if D3 were to contest the claim, summary judgment could be given. Aimee Jones, Sternberg Reed LLP Spouse...

Modern slavery—key performance indicators

Modern slavery—key performance indicators Section 54(5) of the Modern Slavery Act (MSA 2015) identifies six categories of information that may be included in an organisation’s slavery and human trafficking statement. One of these categories is information on the organisation’s effectiveness in ensuring slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate. UK Home Office guidance on the transparency in supply chains provisions in MSA 2015, s 54 (Home Office guidance) goes further and states that organisations can report on key performance indicators (KPIs) in two broad ways by providing information on: • existing KPIs and whether they make their business or supply chains more vulnerable to modern slavery, eg by incentivising poor behaviours, and • KPIs introduced to measure progress and performance of anti-slavery measures undertaken Existing KPIs that may incentivise poor labour conditions include: • requiring unrealistically quick turnaround from suppliers • last-minute orders that stretch supplier capacity • unreasonable pressure on pricing KPIs that...

Legitimate interest assessment flowchart

Legitimate interest assessment flowchart The UK General Data Protection Regulation (UK GDPR) permits processing of personal data where that processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular, where the data subject is a

Discover our 1730 Practice Notes on Child

Legal rights intimation letter

Legal rights intimation letter Our ref: [Client - Code/Matter - Matter Code/Matter - Fee Earner Initials] Your ref: [insert ref] [insert full address] [insert date] Dear [insert name] Estate of the late [name of deceased] We are instructed in the administration of the estate of your late [mother OR father OR grandmother OR grandfather]. We act on behalf of the executor(s) who are [insert name] and [insert name], appointed by a Will dated [insert date]. You are not named as a beneficiary in the Will. However, the law of Scotland allows certain family members to make a claim on the estate, whether or not the individual concerned is named as a beneficiary in the Will. This entitlement is known as legal rights. [Where the person who has died is survived by a [widow OR widower OR civil partner] the legal rights fund which can be claimed by the deceased’s children amounts to one-third of the net moveable estate (generally speaking, all assets other than any house or land...

Parental responsibility—client guide

Parental responsibility—client guide This document provides general guidance regarding parental responsibility for a child. Your family lawyer will be able to provide specific advice based on your circumstances. What is parental responsibility? Parental responsibility is defined in law by the Children Act 1989 as: ‘…all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’ People with parental responsibility are entitled to have a say in major decisions about the child, such as: • where the child should live • where they should go to school • what (if any) religion the child should have • what name they should have • the giving or withholding of medical treatment, and • dealing with their money or property Parental responsibility does not entitle someone to interfere with day-to-day decisions such as what the child wears, their hobbies or choice of TV programmes etc. Generally parental responsibility lasts until the child reaches 18 but it may come to...

Dive into our 230 Precedents related to Child

Where spouses separated 15 years ago and subsequently the matrimonial home was transferred into the sole name of the spouse who was the primary carer of the children, with the other spouse retaining a charge registered against the property for 50% of the equity at the time of transfer, would the court still consider the former matrimonial home to be matrimonial property after the date of transfer or would it be a non-matrimonial asset so that any increase in its value would be treated as a post-separation accrual? The parties are now divorced but do not have a financial order.

Where spouses separated 15 years ago and subsequently the matrimonial home was transferred into the sole name of the spouse who was the primary carer of the children, with the other spouse retaining a charge registered against the property for 50% of the equity at the time of transfer, would the court still consider the former matrimonial home to be matrimonial property after the date of transfer or would it be a non-matrimonial asset so that any increase in its value would be treated as a post-separation accrual? The parties are now divorced but do not have a financial order. A matrimonial home (and its contents) will usually be treated as matrimonial property whether it is owned by one spouse or in joint names. The rationale for this is that the matrimonial home has a unique place within the parties’ relationship (Miller v Miller; McFarlane v McFarlane). It has been held that a matrimonial home is matrimonial property whatever its source (S v S (Non-Matrimonial Property: Conduct)), but this may...

Can a parent claim child maintenance from the other parent in circumstances where the potential paying party earns less than the potential receiving party and may be liable to pay them maintenance pending suit?

Can a parent claim child maintenance from the other parent in circumstances where the potential paying party earns less than the potential receiving party and may be liable to pay them maintenance pending suit? The powers of the court to order child periodical payments were severely curtailed by the Child Support Act 1991 (CSA 1991). In most cases, where the parents of children separate and an agreement for their maintenance cannot be reached between them, the provisions of CSA 1991 will oblige the non-resident parent (NRP) to pay child maintenance to the parent with care (PWC) via the Child Maintenance Service (CMS). The scheme does not extend to those who are habitually resident outside the UK. Child maintenance is payable for any child under 16 and for any young person (aged over 16 but not having attained the age of 20) who is in full-time education and for whom child benefit is payable (see CSA 1991, ss 1 and 55, and the Child Support Maintenance Calculation Regulations 2012 (CSMCR 2012),...

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Exclusions reconsideration case confirms courts focus on ‘substance over form’ (RWU v A Governing Body of A Academy)

Local Government analysis: This case challenged a Governing body's Disciplinary Panel’s (GDP) reconsideration decision not to reinstate an excluded pupil. This followed an Independent Review Panel’s (IRP) decision to quash the GDP’s initial non-reinstatement decision and direct a reconsideration. Judge Fordham dismissed all four grounds of the claimant’s application for judicial review and set out some useful findings on how the courts will approach criticisms of a school’s exclusions process. Central to the dispute were issues around Child Criminal Exploitation (CCE), the adequacy and timing of support interventions, and the legal standards for reconsideration of exclusion decisions. Schools should take comfort that the case confirms courts remain concerned with substance over form and that minor procedural and administrative errors will not lead to a GDP’s decision being quashed by the High Court. Written by Hayley O’Sullivan, senior associate at Browne Jacobson LLP.

Reunite Families UK reveals negative impact of financial requirements for family visas on British children

Reunite Families UK, in collaboration with Coram Children's Legal Centre (CCLC), has released preliminary findings from child-centred interviews highlighting the impact of the UK's family immigration rules on British children. The research, conducted between October and November 2024, examines the effects of both the previous £18,600 and the new £29,000 Minimum Income Requirement introduced in April 2024. Key findings include increased anxiety, stress, and financial strain among children, as well as disrupted family relationships, as a result of these requirements. As the Migration Advisory Committee (MAC) reviews financial requirements for family visas, Reunite Families UK, CCLC, and the Immigration Law Practitioners' Association urge the MAC to prioritise the experiences of affected families, particularly children, in its assessment.

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