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Advice on getting maintenance whilst ex is working abroad

(33 Posts)
Caramelbutthorn Wed 10-Jul-13 17:03:40

Hiya,

I'm stuck and hope someone can offer some advice.

I need to obtain a CHILD MAINTENANCE ORDER but do not know how to do this myself.

My ex was making payments via the CSA but has recently moved far away. He is working for a foreign based company. There is therefore nothing that the Remo team or CSA can do to help me.

A document I saw online stated:

If you do not have a maintenance order or if you have a CSA assessment, you should contact your local magistrates’ court or family proceedings court about applying for maintenance abroad.

Have any of you had to try to get maintenance from an ex who has moved abroad? How did you do it?

I believe I need to obtain a child maintenance order but do not know how to do this and cannot work out which form I need to complete. As I cannot afford a solicitor I have to do this myself.

For a bit of background, I was NOT married to my babies father however I do have DNA test results to show he is the biological father.

Any advice would be appreciated,

Thank you xx

Collaborate Fri 19-Jul-13 23:50:44

Get your order specifying quantum here. Enforce it abroad. If the company he world for is a subsidiary of a UK country he'll still fall within the CSA.

LadyMaryQuiteContrary Fri 19-Jul-13 23:30:04

Looks like you'd need to contact a solicitor there as they will know more about the legal system.

"For maintenance enforced by reciprocal agreement, see Reciprocal agreements above. Where no reciprocal agreement exists with a country eg Russia, whether a UK order can be enforced there is determined by the law of that country."

Looks like you need to go through the Chinese courts. This is useful;

www.chinalawblog.org/law-topics/divorce/225-child-support Your best bet is to find a lawyer in china. I've no idea how much this will cost but I don't think it will be as much as it is here.

Good luck!

LadyMaryQuiteContrary Fri 19-Jul-13 23:25:17

Ah, sorry. That's wrong. sad

(Lexisweb)

Reciprocal agreements

The UK has reciprocal agreements with over 100 countries and territories, but those not falling within that list include China, Japan and countries in the Middle East. Some countries may fall within more than one set of provisions and the choice of enforcement may depend on the type of order being enforced or the location of the parties or assets.

The courses of action available and the relevant legislation will vary considerably depending upon whether the country with which the UK has a reciprocal agreement is an EU or non-EU country. In most cases, enforcement of maintenance orders can be carried out through governmental agencies.

LadyMaryQuiteContrary Fri 19-Jul-13 23:21:43
Caramelbutthorn Fri 19-Jul-13 23:08:51

Hi, he's in china. So the Remo
Unit cannot touch him.

Plus he has no property or assets.

He isn't on the birth cert as I didn't think he was a responsible parent and there is a history of DV. He is punishing me for this by refusing to support his son. So proving he is a bad parent.

I have had to have a DNA test to prove he is the father (he denied this to delay CSA payments.).

STIDW Fri 19-Jul-13 18:06:37

There are slightly different procedures. Is the country concerned a REMO country and in the EU?

LadyMaryQuiteContrary Fri 19-Jul-13 15:59:53

smile

I collected mine from the county court but the hearing is in the magistrates.

Collaborate Fri 19-Jul-13 15:54:53

The Magistrates can also make the maintenance order.

The CSA's test as to who is resident depends on all the absent parent's ties to the UK, as LadyMaryQuiteContrary points out.

LadyMaryQuiteContrary Fri 19-Jul-13 14:22:18

Hi smile

I'm going down the REMO route and have a hearing at the end of the month. From what I gather, if your ex still has ties to the UK, such as a house/bank account/pays UK tax or national insurance, then the CSA assessment applies. It's the same if the registered office of the company that he works for is in the UK, regardless of where he's based.

You have to go to the county court for the forms (to collect and to and to hand in) and there is no charge for you to do this. The county court will send these to the high court who will send these on to the country in question so that they can locate and serve. You'll then be given a date. As long as he's named on the birth certificate then there's no need for DNA evidence as parentage is assumed. There will be arrears if he's trying to do this.

iheartdusty Fri 19-Jul-13 14:07:14

yes but the order has to be made first, before REMO comes into it

Collaborate Fri 19-Jul-13 13:03:58

REMO applications routinely go through the Family Proceedings Court (Magistrates)

iheartdusty Fri 19-Jul-13 13:02:41

Did you write to the magistrates court or the county court? I may be wrong, but I think only the county court has jurisdiction in these circumstances.

You could ask the court to list for a short jurisdiction hearing, rather than being fobbed off with the letter. There is no reason not to serve an application and documents on a person who lives overseas, the Family Procedure Rules at Part 7 have a long list of countries and the additional time that has to be allowed for an application to be deemed to have been served. You may have to investigate the rules about service of documents that apply in the country where ex P is working, because those will usually dictate how service has to be effected.

if there is a bank account in the Uk, enforcement can be made against the bank account.

babybarrister Fri 19-Jul-13 12:51:25

Go and get some full legal advice - if he has got cash here it is going to be a worthwhile investment smile

Collaborate Fri 19-Jul-13 12:05:48

Demanding a DNA test merely defers enforcement. Doesn't stop liability.

Caramelbutthorn Fri 19-Jul-13 10:29:54

Hi, thank you for replying.

He doesn't have property unfortunately. Or any other assets. Other than a rapidly increasing bank account

To make matters worse the CSA called me this morning and told me he had overpaid me and I'll need to repay this to him when he comes back to the uk. So he's got out of paying for months by demanding a DNA test then disappeared off abroad and refused to contribute sad(

Thank you for everything

Collaborate Fri 19-Jul-13 07:02:58

That's not right. Jurisdiction comes from the child living here. The father living abroad is irrelevant.

Of course certain enforcement remedies may not be available to you if he's abroad, but not all, if he has property here for example you could go for a charging order against it.

Caramelbutthorn Thu 18-Jul-13 21:31:39

Hi again,

I received this email from court:

"Legally the Court can not make an order in absence of a party and must allow opportunity to the other party to make representations. It is possible for you to apply for an order when he is back within the jurisdiction of this court i.e. in the United Kingdom but he must remain here long enough for the Court Process to be completed. No action can be taken at this stage whilst he resides in xxxxxx. The United Kingdom has not reciprocal agreement with xxxxxx for such a process to take place."

Did you say they are wrong collaborate?

Thank you and sorry to ask x

Caramelbutthorn Thu 11-Jul-13 22:15:51

Great, thank you x

Collaborate Thu 11-Jul-13 13:58:46

Have a look here. You may not have to pay any fees.

www.justice.gov.uk/courts/fees

Caramelbutthorn Thu 11-Jul-13 13:53:23

I love you baby and collaborate xxx

If I'm on benefits do I get a discount?

Thank you for everything x

Collaborate Thu 11-Jul-13 12:52:17

It's just an A1 form hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2600

If the court refuse to accept it, they're wrong, and you should quote Practice Direction 5A of the Family Procedure Rules 2010.

The fee payable went up on 1 July to £215.

babybarrister Thu 11-Jul-13 11:41:32

it is irrelevant if you married or not. I believe that the forms needed are a C2 and an A1 but perhaps PM Collaborate who is better at forms than me!

Caramelbutthorn Thu 11-Jul-13 11:01:08

Hi again Red, I'm not in a position financially in which I can let him get away with paying nothing. I wish I was and didn't have to bother with him again. And I don't see why he should be allowed to walk away from his responsibilities without a fight.

Caramelbutthorn Thu 11-Jul-13 10:34:00

Thank you baby.
Does it matter that my ex and I were not married?
Do you know how I go about obtaining the court order? My local court don't have a clue sad( we can't work out which form I need and the citizens advice bureau are completely clueless. Thank you again x

babybarrister Wed 10-Jul-13 23:41:33

Sorry but I don't agree at all with other posters - it is perfectly straightforward to get an order for child maintenance against ex h if he has moved abroad - look at schedule 1 of the children act. I assume ex not working for any of the entities over which CSA would still have jurisdiction even if abroad ie armed forces etc etc ( have a check)
There seems to be confusion re role of REMO - they are only there to ENFORCE an order or assessment , not to made one
So get your order from an English court IF you consider that you will able to enforce it - has he assets in UK? is h in country with which there is some sort of agreement?

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