Me again!
I have read on a legal site that an SGO does not remove the parents’ obligations to financially support the child
If this is the case, how can 'financial support' for the child be gained by the guardians?
thanks in advance.
SGO and 'Maintenance'
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David Roth
- Posts: 2021
- Joined: Thu Aug 10, 2006 11:14 am
Re: SGO and 'Maintenance'
Hi Cellbar
In English law, parents always remain financially liable for their children. The only exception is if the child becomes adopted.
However, it would be unusual for this to be enforced where children have been obliged to leave their parents' care because of care proceedings, or if a court found that they were unable to care for their children. It is recognised that having children removed is painful enough for most parents, but then to send them a bill for the children's care could seem vindictive.
The importance of this for family and friends carers is that they never become financially liable for the child they are raising, unless they adopt the child. Family Rights Group's argument is that, since the carers are not financially liable, and the parents are often unable to pay, then the state should be responsible, and should recognise this by paying family and friends carers an allowance. You can certainly point out to any local authority you are dealing with that in law you are not financially liable for the child you are raising.
In English law, parents always remain financially liable for their children. The only exception is if the child becomes adopted.
However, it would be unusual for this to be enforced where children have been obliged to leave their parents' care because of care proceedings, or if a court found that they were unable to care for their children. It is recognised that having children removed is painful enough for most parents, but then to send them a bill for the children's care could seem vindictive.
The importance of this for family and friends carers is that they never become financially liable for the child they are raising, unless they adopt the child. Family Rights Group's argument is that, since the carers are not financially liable, and the parents are often unable to pay, then the state should be responsible, and should recognise this by paying family and friends carers an allowance. You can certainly point out to any local authority you are dealing with that in law you are not financially liable for the child you are raising.
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