AN OVER AGED CHILD WAS CARRIED ON PAX LAP ON CHARTER FLT OF AN LGT CONTRARY TO FARS. ACFT WAS DISPATCHED WITH ONE INOP SEAT AND A CHILD WAS REPRESENTED TO BE OF LEGAL 'LAP AGE.' HOWEVER; IT WAS DISCOVERED BY A COMPLAINT FROM THE CHILD'S FATHER AFTER TKOF THAT THE CHILD WAS OVER THE AGE.

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I AM A CAPT FOR A SUPPLEMENTAL CARRIER. FLT SCHEDULE FOR THE DAY WAS A PAX FLT FROM DTW TO MBJ (MONTEGO BAY; JAMAICA) AND RETURN. PRIOR TO LEAVING DTW WE WERE ADVISED OF AN INOP SEAT; LIMITING US TO 173 SEATS AVAILABLE. A MESSAGE WAS SENT TO MBJ OPS TO MAKE ARRANGEMENTS FOR THE FULLY BOOKED FLT. UPON ARR; THE REPRESENTATIVE SAID THAT HE HAD 174 PAX AWAITING DEP. WE ADVISED THAT THERE WERE ONLY 173 SEATS AVAILABLE. HE THEN SOUGHT OUT A FAMILY OF THREE TRAVELING AND OFFERED TO BUY THE DAUGHTER'S TICKET AND HAVE HER BE CONSIDERED A 'LAP CHILD.' PAX ADVISED REPRESENTATIVE THAT HE DIDN'T THINK IT WAS LEGAL BECAUSE HIS DAUGHTER WAS OVER THE AGE OF TWO. HE TOLD THEM THAT IT WAS OK. HE THEN CAME TO US AND SAID THAT THIS FAMILY OFFERED TO GIVE UP THEIR DAUGHTER'S TICKET. HE TOLD US AT THIS TIME THAT THE DAUGHTER WAS LESS THAN 2 YRS OF AGE. WHEN WE WERE AIRBORNE ON THE RETURN TO DTW; THE PAX QUERIED THE FLT ATTENDANTS ABOUT THE LEGALITY OF HIS DAUGHTER BEING A LAP CHILD. IT WAS AT THIS TIME THAT THE SIT WAS BROUGHT TO MY ATTN. UPON ARR AT DTW; I SUBMITTED; BY WAY OF FAX; A COMPLETE RPT TO MY SUPVR AND THOUGHT IT BEST TO FILE A NASA RPT. I WOULD BE HAPPY TO PROVIDE ANY ADDITIONAL INFO VIA PHONE.