Parents Send Invoice After 5-Year-Old Misses Their Child’s Birthday Party

When I was a kid, birthday parties were pretty straightforward. A handful of other kids showed up, we either pinned the tail on a donkey (if we were turning 8) or giggled our way through a scary movie together (if we were turning 13), someone’s parent mixed two eggs and a cup of water with a box of powder to get a cake, and there were presents.

Now birthday parties, like everything else, have become more complicated. You have Carolyn Hax telling parents that it would be “disgusting” for each of their twin children to receive a present from each of their friends and suggesting, like Emily Bazelon before her, to do a gift swap: each child brings a wrapped present, each child leaves with a present. (Bazelon’s children attempted to rebel against the annual book swap, emphasis on attempted.)

If you’re a NYC parent with a small apartment, you can take a bunch of first-graders to the spa. Or if you’re a parent in Cornwall, you can invite five-year-olds to a ski and snowboard center — and then invoice a child’s parents when their child fails to attend.

I first saw the story on Jezebel:

Derek Nash told the [Plymouth Herald] that his son Alex was supposed to attend a party at the local Ski Slope and Snowboard Centre, just before Christmas. But at the last moment, they realized Alex was supposed to spend the afternoon with his grandparents.

To the Plymouth Herald for more information!

Mr Nash continued: “My partner looked out for [the friend’s mother] to apologise for Alex not showing up to the party, but didn’t see her.

“But on January 15 she looked in Alex’s school bag and found a brown envelope. It was an invoice for £15.95 for a child’s party no show fee.”

The BBC weighs in:

It is all but impossible that Ms Lawrence will be able to recover the £15.95 party “no show fee”.

Any claim would be on the basis that a contract had been created, which included a term that a “no show” fee would be charged.

However, for there to be a contract, there needs to be an intention to create legal relations. A child’s party invitation would not create legal relations with either the child “guest” or its parents.

If it is being argued that the contract is with the child, it is inconceivable that a five-year-old would be seen by a court as capable of creating legal relations and entering into a contract with a “no show” charge.

I suspect the BBC is correct, and the Nash family will not pay this invoice. But I miss the days of paper party hats and funfetti cake. Those parties must still exist somewhere, right? Please tell me that at least one of you is throwing a birthday party where kids eat box cake and then everyone sits quietly as the birthday child opens one glorious, spectacular cheap plastic present at a time.

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