Parents whose children have been harmed intentionally or as the result of an accident should seek legal assistance; there simply is no other way to look at the situation.
This could involve an abusive partner or spouse – unfortunately more children are harmed by abusive partners and spouses than any other party – or an incident at school that’s caused them physical harm, or it could involve seeking representation from a solicitor in order to file a tort claim on their child’s behalf as the result of an accident for which they weren’t responsible.
An alarmingly high number of children suffer abuse at the hands of their parents’ new partners or spouses, often with the knowledge of the parent.
There simply aren’t words to describe such a situation, at least not put into print, and if you suspect your child is being abused by your partner or spouse you must confront them immediately, or if you fear them yourself, then contact the relevant authorities, including the police.
Legal assistance should also be sought because this is a serious legal issue, one that could affect the law’s decision as to whether or not you’re a fit guardian for your child. Although you mightn’t be responsible for the harm caused to your child, and even though you might be a victim of domestic abuse yourself, child protection agencies might need to take your child into care by applying to the court for a child protection order.
Legal assistance for bullied children
Bullying takes place in all schools, often a lot more than parents are likely aware. Whilst teasing and other forms of verbal abuse are common – this isn’t to say that something shouldn’t be done about the situation – when a violent incident takes place that causes physical harm to your child legal assistance should be sought.
Parents need to be careful when seeking legal assistance for their children who have been harmed physically at school because it’s often the case that they’re not aware of the entire situation, i.e. their child might have instigated the situation or they’re actually the bully to whom the victim has reacted violently.
Whilst a parent might need to seek legal assistance for their child as a result of a violent incident at school, it’s generally a wise move to discuss matters with teachers and the relevant parties – school counsellors, principles, etc. – before speaking a Glasgow criminal lawyer or to the police about the incident because of the problems that could result.
Filing tort claims on behalf of children
There are a number of considerations to take into account when the need to file a tort claim on behalf of a child arises, including the need for the ‘litigation friend’ – the person filing a claim on behalf of someone under the age of eighteen – to be independent of the situation.
What this means, for example, is that if a parent was driving the car in which their child was injured in an accident, regardless of whether or not they were at fault, they wouldn’t be able to file a claim on their child’s behalf.
Another consideration to take into account here is the time period in which minors – those under the age of eighteen – are able to file tort claims. Provided a tort claim hasn’t already been filed by a parent or guardian, children who have been injured have three years from the time they reach the age of eighteen to file a claim.
Although hopefully it will never be required, legal assistance is available for your child if a situation arises in which they need it.