When is a Child not a Child? - Childhood over at 25, in Scotland
Posted: Friday 30 September 2011
The BBC News website recently reported that an Italian couple had sought legal help to persuade their 41 year old son to fly the nest. The “child” in question still lived with his parents and expected them to wash and iron his clothes and prepare his meals.
In Scotland, what rights do adult children have to be supported by their parents? The law seems fairly generous. A 24 year old “child” can still expect to be supported by his or her mum and dad. They are entitled to such support as is reasonable in the circumstances. There are some restrictions, in that a “Child” in this context means someone under the age of 18 years, or over that age but under the age of 25 years and reasonably and appropriately undergoing instruction at an educational establishment, or training for employment or for a trade, profession or vocation. The obligation owed by the parent to the “child” is usually a monthly monetary sum based on the needs and resources of the parties, their earning capacities and generally all the relevant circumstances. The obligation can however be satisfied by providing a roof over their head and other home comforts!
All 24 year old students currently living at home should start worrying now….
If you would like to find out more about the work Morton Fraser’s Family Law Team does, please contact Sharon Murray.
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