Simple English definitions for legal terms
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Failure to protect: When a parent or guardian doesn't stop someone from hurting a child they are supposed to take care of.
Definition: Failure to protect refers to the failure or inability of a parent or guardian to prevent abuse of a child under their care in family law.
Example: If a mother knows that her partner is physically abusing their child but does nothing to stop it, she is guilty of failure to protect.
Explanation: In this example, the mother is aware of the abuse but fails to take any action to protect the child. This is a clear case of failure to protect.
Example: A father who leaves his young child alone at home for extended periods of time without proper supervision is also guilty of failure to protect.
Explanation: In this example, the father is not physically abusing the child, but he is neglecting his duty to provide proper care and supervision. This neglect can also be considered a form of failure to protect.
failure-to-perform exclusion | failure to state a cause of action