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Legal matters

Ex moving abroad (EU): can this affect finances & contact?

6 replies

tsunami · 25/11/2011 03:20

Divorced, 3 kids 10/12/13: I have maintenance and contact agreed through the courts. XH is - very suddenly - leaving his UK based job to go and work/live in France. Allegedly better-paid.
I found out through a third party (text from a friend), then contacted him
and he sent a two line email saying 'leaving in Jan. Will still come back every other w/e. Finances stay the same."

Apart from the dysfunctional way the children and I found out (used to this sort of thing from him by now), can anyone help on whether the move by non-res. to an EU country - not armed forces etc, no CSA involvement - can affect the standing agreements? i.e. maintenance stopping, him appealing through some EU law or French jurisdiction - ? No idea where he'll be habitually resident.

He will also be moving in with his girlfriend - we THINK - probably getting married and maybe taking on her two children, though all of the above info keeps changing.

OP posts:
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NatashaBee · 25/11/2011 03:38

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newhorizon · 25/11/2011 10:25

tsunami, unfortunately I am in the sutuation of trying to claim maintenance from abroad. I'm in Ireland, he's in UK. It is a very lengthy process. I started in May and there's still nothing happening. I'm sorry to tell you, I don't know anyone who has been successful here with it in Ireland, unless their ex is paid by the crowne.

Hopefully it won't come to that and he will continue to pay maintenance as agreed.

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STIDW · 25/11/2011 12:43

Is there any reason to suspect he won't comply with the court order? The order for child maintenance in the UK will still be effective so he will be liable for CM and if necessary it can be enforced in France through the Reciprocal Enforcement of Maintenance Orders (google Official Solicitors). It may take a little time but there is no reason why an application shouldn't be successful.

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babybarrister · 25/11/2011 19:03

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belledechocchipcookie · 25/11/2011 19:08

Ds's father moved to Ireland several years ago. I get maintenance but he rarely comes over to see ds. When he does it's for an hour. So my son see's his father for an hour a year Hmm He did origionally say he'd be over once a month. Give it some time and see how it goes. Don't expect a lot though but I think it depends on his character and how much he wants to see his children Sad

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STIDW · 26/11/2011 12:02

I seem to remember that in Ireland it can take sometime to get a court order in the first place before you can apply to enforce it.

Apparently there were a lot of complaints about holdups and in particular the REMO unit in England & Wales not processing documents for months even before the new European Regulations. Some cases were enforced in 10 months but it wasn't at all uncommon for REMO to hold onto other applications for 4-10 months before sending them to the authorities abroad.

If the ex is saying the finances stay the same the hassle, expense and potential unnecessary damage to long term family relationships should be weighed against any potential change in maintenance. Unless it is likely to make a substantial difference or there is non compliance with the order I would tend to let sleeping dogs lie.

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