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Family Law

The leading authority on all aspects of family law

19 MAY 2011


(Upper Tribunal; Nicholas Wikeley; 10 March 2011)

The child was almost 18. The father had almost no contact with the child after birth.  The mother died when she was 4 so thereafter the child was cared for by the maternal grandmother. When the child was 9 she was diagnosed as being severely dyslexic. With the court approval she was sent to the USA to a specialist school, staying with friends of mother. The father appealed the decision requiring him to pay child maintenance to the grandmother. At issue was the meaning of a "person with care".

The child's grandmother was not a "person with care" under s 3(3)(b) of the CSA 1991. Day to day care relates to hands-on, immediate and short term aspects of care. It is not about parental responsibility.


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