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Nicola-mod, Moderator
Category: Scots Law
Satisfied Customers: 21
Experience:  Moderator
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17 year old daughter, resident in Scotland since 2007, in fifth

Customer Question

17 year old daughter, resident in Scotland since 2007, in fifth year of school in Scotland, has voluntarily left the home of resident parent (father) against her fathers advice. This young persons behaviour in house prior to her departure was abusive to both father and his partner, and she refused to desist. She now wishes no contact with her father and advised the school he no longer has parental responsibility for her. Her non resident parent (mother) is a German citizen, lives in Germany, and has arranged for rented accommodation for the daughter until the end of her schooling in Scotland in 2017.
Daughter and mother demanding £600 monthly maintenance for the daughter.
Daughter made aware that she can return to the family home at any time and continue to be maintained and provided for. This is a safe environment where young person wanted for nothing.
Father voluntarily continues to pay mobile phone contract of £50 per month to ensure daughter can contact him if required or any other person she may require support form.
Is the father financially responsible in any way for the young person who has abandoned the home?
With thanks
Submitted: 2 years ago.
Category: Scots Law
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
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Customer: replied 2 years ago.
There was no justification for her leaving family home other than her stating that she wished independence nada her own 'space' - she stated she wished to seek her own way in the world. Her abusive behaviour began over a three week period when father refused to pay for her to have her own independent living accommodation in town. She then left the home once mother had arranged accommodation against father wishes.
Expert:  JGM replied 2 years ago.
If the child is still at school then normally there is no maintenance obligation unless the child is resident with the other parent. However in Scotland a child can seek maintenance from the parent directly from the age of 12 onwards. The parent can defend such a claim by offering to maintain the child within the family home. In the circumstances you describe, the parent can say, no, I will support you at home. This would only change after the child leaves school and goes into further education or training.
Customer: replied 2 years ago.
In what way will it change when child leaves school and enters further education. She plans to study medicine in Germany
Expert:  JGM replied 2 years ago.
Thanks for your reply. Section 1 of the Family Law (Scotland) Act 1985 imposes an obligation on a parent to pay ailment for a child between the age of 18 and 25 when the child is reasonably and appropriately engaged in education or training such as at university or on an apprenticeship. The obligation of support is between parent and child directly and not via the other parent. I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.
I am not at all happy with the response I received. Further enquiries of my own have revealed that in Scotland a child can apply for child maintenance in their own right when not residing with either parent. As such a parent is liable in Scotland to pay £145 per week until the child has left education. This was the information I was seeking. I therefore ask for a refund.
Expert:  JGM replied 2 years ago.
Where are you getting the figure of £145 per week? That's not right. Maintenance is dependent on the income of the parent.
Customer: replied 2 years ago.
In Scotland a child not residing with parents can claim maintenance via CSA. I spoke with the Child Monitoring Option and they said based on salary, the 'child' would be eligible to claim £145 until finished 6th year studies. This is the information I was seeking on Sunday but had to find out for myself.
Expert:  JGM replied 2 years ago.
The £145 being based on your salary, not a general obligation on every parent. And I also don't think that this applies where the child has elects to leave home and stay on her own as distinct from another relative.
Expert:  Nicola-mod replied 2 years ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Dear Nicola,
Apologies for slow response but I have been travelling. The professional did not provide me with a full answer and I was left to find the information sought from another source. I therefore request a full refund of the money I paid for this service.
Hazel Cameron