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child (in context)

English translation: See comment below...

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11:27 Feb 25, 2006
English to English translations [PRO]
Law/Patents - Law (general)
English term or phrase: child (in context)
I am discussing the translation of the term "child" in the context of custody and access orders.
In my view, "child" means "under the age of majority", while he thinks it means "figlio" (born from his/her parents).
I would be interested in knowing your opinions.

Some context:
ENFORCEMENT OF ORDERS
The most radical change in the UCCJEA is the inclusion of a uniform procedure for enforcement of custody and access orders. One of the major problems with the UCCJA was the lack of any uniform mechanism to enforce custody determinations. The new law - the UCCJEA - takes the position that if custody or access orders cannot be rapidly enforced it is tantamount to a denial of custody or access, or a prohibited de facto modification of custody.
The UCCJEA mandates that a state must enforce a custody or access order from a state which substantially conforms with the UCCJEA. That state's order will have exclusive, continuing jurisdiction and it now will be enforced by other states.
There are three essential enforcement mechanisms established in the UCCJEA. One means of obtaining enforcement involves registration of the custody or access order made by the issuing state and registered with the enforcement body of the other state, the receiving state. A receiving state other than New York, may have a court or agency designated for enforcement purposes.
Laura Gentili
Italy
Local time: 14:04
English translation:See comment below...
Explanation:
I don't know if I'm going blind, but I can't actually find the word 'child' anywhere in the context you've provided?

Anyway, I would understand 'child' in this sort of context in the way your colleague does, i.e. simply to mean 'offspring'; if the intended meaning were 'a young person who has not yet reacehd majority', then an accurate legal text OUGHT to use the word 'minor' instead.

Since it is occasionally written 'minor child', the two terms are clearly not truly to be regarded as interchangeable.

I think it would be dangerous for you to ASSUME it means 'minor', even though in most cases this might in fact be the case, simply by implication...



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Note added at 8 mins (2006-02-25 11:35:40 GMT)
--------------------------------------------------

Were the particular context in question to refer to 'adult vs child', then you would be safe to assume the implication was about the majoirty/minority of the person.
But if the context refers to 'parent vs child', then the aspect being emphasized is 'offspring'
Selected response from:

Tony M
France
Local time: 14:04
Grading comment
I would like to thank everyone for their precious contributions.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3Child - person under the age of majority
Robert Roata
5 +2minor son or daughterEva Ballentine
3 +3See comment below...
Tony M
3 +1I think you must be right
Jack Doughty


Discussion entries: 3





  

Answers


3 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
Child - person under the age of majority


Explanation:
a suggestion

Robert Roata
Local time: 15:04
Native speaker of: Native in RomanianRomanian

Peer comments on this answer (and responses from the answerer)
agree  Freimanis: That is how Black's Law Dictionary defines it and how it may apply to the given context. Otherwise, at common law it is a person who has not reached 14, and, of course. in most general sense a young person (a boy or girl) and lastly a son or daughter.
2 hrs
  -> Thanks, Freimanis!

agree  RHELLER: but why is Freimanis referring to 14? which state is that?
4 hrs
  -> Thanks, Rita!

agree  xxxAlfa Trans
21 hrs
  -> Thanks, Marju!
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6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
I think you must be right


Explanation:
I don't see how access or custody orders can apply to an adult, so surely it must mean under the age of majority.


Jack Doughty
United Kingdom
Local time: 13:04
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 231

Peer comments on this answer (and responses from the answerer)
neutral  Tony M: Well, you've got a point there, Jack -- but then, what about adults who are for some reason in guardianship...? // I realize that, I just meant that your 'so surely...' deduction was a little flawed :-)
5 hrs
  -> The asker is talking about the word "child" here. It would have been more helpful if the context given had included this word, but as you noted yourself, it doesn't.

agree  Mark Nathan
9 hrs
  -> Thank you.
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5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
child
See comment below...


Explanation:
I don't know if I'm going blind, but I can't actually find the word 'child' anywhere in the context you've provided?

Anyway, I would understand 'child' in this sort of context in the way your colleague does, i.e. simply to mean 'offspring'; if the intended meaning were 'a young person who has not yet reacehd majority', then an accurate legal text OUGHT to use the word 'minor' instead.

Since it is occasionally written 'minor child', the two terms are clearly not truly to be regarded as interchangeable.

I think it would be dangerous for you to ASSUME it means 'minor', even though in most cases this might in fact be the case, simply by implication...



--------------------------------------------------
Note added at 8 mins (2006-02-25 11:35:40 GMT)
--------------------------------------------------

Were the particular context in question to refer to 'adult vs child', then you would be safe to assume the implication was about the majoirty/minority of the person.
But if the context refers to 'parent vs child', then the aspect being emphasized is 'offspring'

Tony M
France
Local time: 14:04
Native speaker of: Native in EnglishEnglish
PRO pts in category: 80
Grading comment
I would like to thank everyone for their precious contributions.

Peer comments on this answer (and responses from the answerer)
agree  Dave Calderhead
3 hrs
  -> Thanks, Dave!

agree  William [Bill] Gray
4 hrs
  -> Thanks, Bill!

agree  Lingo Pros: Count me in for the "Blinds Club" Dusty! ;-)
10 hrs
  -> Thanks, LP! ; -)

neutral  Eva Ballentine: Although ordinarily offspring used to refer for someone's child, legally speaking is not neccesarely the case. Offspring does not cover all the legal meanings of the word "child" .
12 hrs
  -> Thanks, Eva! Yes, of course, I quite agree, but does 'child' in law exactly equate to 'minor' either? I think not...?
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12 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
minor son or daughter


Explanation:
minor= someone under legal age. It is the legal term used for children under the age of majority.

The son or daughet can be legal offspring, adopted, biologocal child or other.
_____________

Legal sample for MINOR:
"Lawful Permanent Residents
If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and you are the mother of the child,"
Governmentt site: http://uscis.gov/graphics/howdoi/childproc.htm
__________________________

Why offspring is not the right word:
"1) A child born to a married woman is irrebuttably deemed the legal offspring of that woman and also of her spouse;
2) A child born to an unmarried woman is irrebuttably deemed the legal offspring of that woman and an adult who signs up within 30 days of the child's birth with the Registry of Parents, maintained by the state Department of Social Services;
3) A child born to an unmarried woman who is not claimed by another adult besides the mother within 30 days of the child's birth shall automatically become the subject of a state-initiated Parental Responsibility determination. Any adult cohabiting with the mother shall be deemed the parent, with all relevant rights and duties, in the absence of clear and convincing evidence that this would undermine the child's best interests. Blood-test or genetic-based evidence establishing that any adult besides the mother is the parent of the child shall establish that individual as legally responsible for providing economic support for that child; any further contact between that individual and the child will be at the discretion of the mother. Absent such a showing of biological tie, no other adult shall be lawful parent of the child unless and until an adoption proceeding.

http://www.law.harvard.edu/academics/registrar/htm97/e-f/Fam...
_________________________
Who is considered to be a child? + Definition of minor

(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born outside of marriage. (2) A person under an age specified by law, often 14 or 16. For example, state law may require a person to be over the age of 14 to make a valid will, or may define the crime of statutory rape as sex with a person under the age of 16. In this sense, a child can be distinguished from a minor, who is a person under the age of 18 in most states. A person below the specified legal age who is married is often considered an adult rather than a child.

Eva Ballentine
Native speaker of: Native in HungarianHungarian

Peer comments on this answer (and responses from the answerer)
agree  Joseph Brazauskas
6 hrs
  -> Thank you Joseph!

agree  Tony M: Yes, as you yourself have said, you can have a 'minor child' --- the definition of 'child' is not exclusively 'minor' either, which I think is the key thrust of Asker's question?
9 hrs
  -> Dusty: I very much agree with you but in the context of custody (given by Laura), it must refer to a son or a daughter who is still a minor.
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