The father of a daughter with Down’s syndrome has said that he has continued to make child maintenance payments after she turned 18 — and has offered to take full financial responsibility for her further education.

Meanwhile, his lawyer has said that under the Children’s Act, her mother’s fear of the daughter “ageing out” at 18 are unfounded.

Speaking to The Royal Gazette earlier this week, Latisha Lightbourne said that she was concerned about her future after being told by the courts that her daughter Solay had aged out of the child maintenance system.

She also said that the legal battle over the issue had left her with thousands of dollars in legal fees.

However, in response to the story, Alma Dismont, who represented Solay’s father, said yesterday: “The Children Act 1998, among other things, places an obligation on parents to financially support their children over the age of 18 who are in full-time education or due to an illness, disability or other cause unable withdraw from the charge of his or her parents or to obtain the necessaries of life.

“The Magistrates’ Court did not adjudicate on the maintenance aspect of Ms Lightbourne’s application at all, and she is entitled to make an application for maintenance before the Magistrates’ Court at any time.”

Ms Dismont added that Solay’s father has fully satisfied all of his financial obligations, and continued to make payments to Solay directly when she turned 18.

“He has also offered to take full financially responsibility for her further education,” Ms Dismont said.

“The Magistrates’ Court, on a preliminary application, ruled that they do not have the power to make any orders in relation to the custody, care and control of a person over the age of 18. The custody of a child relates to decision making, ie, education, religion and overall wellbeing and care and control relates to who the person lives with.

“The Magistrates’ Court is a court of statutory jurisdiction and the Children Act does not permit the Magistrates’ Court making any orders in relation to custody, care and control of a person over the age of 18. However, as advised at the hearing in the Magistrates’ Court and the appeal hearing in the Supreme Court, an application can be made in the Supreme Court for a person to be appointed as a guardian for a vulnerable adult in order to protect their welfare.

“The Magistrates’ Court decision refusing to extend an order in relation to the custody, care and control of person over the age of 18 was unsuccessfully appealed by Ms Lightbourne. As stated above it remains available to both parents to make an application to the Supreme Court to be appointed as a guardian for Solay.

“However, it is important to bear in mind that just because a person has a disability does not automatically mean that their capacity to make decisions for their own welfare is impaired. Before an application is made to be appointed as a guardian for a person who has a disability, a psychological evaluation should be conducted highlighting what arrears of decision making, if any, the vulnerable person may require assistance with.”

Meanwhile, a spokeswoman for the Ministry of Health and Seniors also responded to her concerns, stating that there is help available for the parents of vulnerable people.

“Government financial support for adults with disabilities is available from the Department of Financial Assistance and the Department of Social Insurance,” the spokeswoman said.

“There is home care coverage under the Government Health Insurance Program (HIP) and FutureCare providing the person meets eligibility criteria, including adult daycare services. In addition, Ageing and Disability Services runs a Government-managed training centre for persons with learning and physical disabilities.”

• On occasion The Royal Gazette may decide to not allow comments on what we consider to be a controversial or contentious story. As we are legally liable for any slanderous or defamatory comments made on our website, this move is for our protection as well as that of our readers.