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Absent parent meaning

Published by a LexisNexis Family expert
What does Absent parent mean?
In family law practice, absent parent is a legacy description for the parent with whom a child does not primarily live in the context of child maintenance/child support. In England and Wales and Scotland, it was the statutory term under the original Child Support Act 1991 scheme (administered by the Child Support Agency). It was replaced in the 2003 scheme by non-resident parent and, under the current Child Maintenance Service (CMS) scheme, the operative term is paying parent (with the other party described as the receiving parent or person with care). Absent parent is not a current statutory term but still appears in historic CSA paperwork, older case law, and practitioner shorthand. Practical point: absent parent focused on residence, not liability. Under the CMS, paying parent denotes the parent liable under a calculation; shared care may reduce liability to nil, so a non-resident parent will not always be a paying parent. Northern Ireland has followed the same shift in terminology under parallel child support legislation. In Ireland, absent parent is not a defined term in maintenance law; the courts determine maintenance between parents, and practitioners refer to the payer, respondent or (in social welfare contexts) liable relative. Prefer current statutory terminology in...
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NEWS
ENRC v Dechert and SFO: Court of Appeal (England and Wales) permits late quantum-phase amendments; clarifies balancing exercise and document preservation; no automatic prejudice from absent litigation holds

Eurasian Natural Resources Corporation v Dechert LLP [2025] EWCA Civ 1307 What was the background? The claimant, Eurasian Natural Resources Corporation (ENRC), appealed a judge’s refusal to allow amendments to its claims for loss advanced at the quantum phase (Phase 2) of two distinct sets of proceedings brought in the Commercial Court. Those proceedings comprised, first, a claim issued in 2017 against Dechert LLP and a partner at that firm (the Dechert defendants); and, secondly, a claim commenced in 2019 against the Serious Fraud Office (the SFO). ENRC was a public limited company and the parent of a diversified natural resources group with extensive mining operations. Following an 11‑week liability trial, delivered in May 2022, the judge found that, between 2011 and 2013, the Dechert defendants had breached duties owed to ENRC by disclosing confidential and privileged information to the SFO without ENRC’s consent; and that the SFO was in breach of its own duties by engaging with, and taking information from, the Dechert partner when it knew...

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PRACTICE NOTES
EU Candle Waxes cartel appeals: 2014 General Court judgments mostly dismiss actions; Eni fine reduced after recidivism uplift removed; parent not liable for subsidiaries' past infringements absent addressee status

CASE HUB ARCHIVED – this hub reflects the position as at the judgment of 12 December 2014 and is no longer maintained. See further: timeline, commentary and related/relevant cases Case facts Outline Applications were brought before the General Court seeking annulment, partial annulment and/or reductions in the individual fines arising from the Commission decision of 1 October 2008, which found infringements of Article 101 TFEU and Article 53 of the EEA Agreement... The decision levied combined fines of €676m on nine company groups for alleged participation in a price‑fixing and market/customer allocation cartel relating to the supply of paraffin waxes in the European Economic Area (EEA) and slack wax in Germany between 1992 and 2005 (the ‘Candle waxes’ cartel)... On 12 December 2014, the General Court reduced the penalty imposed on Eni, while dismissing all other actions in their entirety...

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