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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

REMO

25 replies

MacModesty · 28/07/2013 13:22

Has anyone used REMO before to enforce an order abroad?

How long did the process take? and have you had a positive response?

OP posts:
LadyMaryQuiteContrary · 28/07/2013 17:19

Hi Smile I have a first hearing this week. A CSA assessment was done 10 years ago but they are not valid once the NRP moves to another country. I submitted the form at the start of April, from what I gather it should all be straight forward. I've no idea whether they follow the same calculation criteria as the CSA though.

MacModesty · 28/07/2013 19:07

@ LadyMaryQuiteContrary

I recently forwarded my court order for maintenance to them only for them to send the documents back together with a ?Power of Attorney? form to sign which gives full powers to the central authority in the foreign country where the order is to be enforced to act on your behalf?

I found that odd. Is anyone familiar with 'Power of Attorney'?

OP posts:
LadyMaryQuiteContrary · 28/07/2013 19:34

It sounds as though it's a consent form, signed by you, asking the courts to work with the courts in the country where the NRP lives on your behalf. I can't remember doing one of these but I had a lot of forms and I would have thought that I would have had to consent to the UK courts acting on my behalf with the Irish courts as this is something a lay person is unable to do.

The process is this;

The court you submitted the papers to will have sent the fomrs to the Royal Courts of Justice who then send them onto the main court where the NRP lives. They are then despatched and, once they locate the NRP, they are served (would have loved to have been a fly on the wall there!). They are allowed a little time to get their financial statements together and return them to their local court. The local court in the NRP's country then works with your local court to organise a date for the hearing.

What forms did you send? The court here said the ones on the REMO web site were not the right ones and I had to fill in a C2 (or something, there were a few).

there's a brief summary of what's involved here
and this is a lot longer and indepth if you want some light reading before you go to bed.

LadyMaryQuiteContrary · 28/07/2013 19:37

Sorry, it's the High Court, not the Royal Courts of Justice. Blush

babybarrister · 28/07/2013 20:47

This reply has been deleted

Message withdrawn at poster's request.

LadyMaryQuiteContrary · 28/07/2013 20:56

Double Blush Blush It's been a looong day. Grin

ItsDecisionTime · 29/07/2013 16:08

I used REMO to get child support from a NRP living in USA. It took approximately 6 months to settle it. Go to your local County court and ask them to file the papers for you. It's a completely free service and the most you will be asked to do is provide proof of income/outgoings.

MacModesty · 29/07/2013 18:41

@LadyMaryQuiteContrary
@ItsDecisionTime

I have a court order and my local county court did forward my application form to REMO however they sent it back because the country where the order is to be enforced (Europe) requires a signed 'Power of Attorney' form.

Did you have to sign anything similar?

OP posts:
LadyMaryQuiteContrary · 29/07/2013 19:21

I can't remember, Mac. Possibly but it's been months and the court have all of the original documents. It sounds OK though.

ItsDecisionTime · 30/07/2013 11:25

I'm not familiar with it although I can see the sense in it. I'd go ahead and provide it.

LadyMaryQuiteContrary · 30/07/2013 11:27

I should get all of my documents back tomorrow so I'll let you know. Wink

MacModesty · 30/07/2013 16:13

@ItsDecisionTime
@LadyMaryQuiteContrary

I am going to see my solicitor this week so will check with him, alittle cautious signing anything with regards to power of attorney as there has been a history of jurisdiction issues regarding child.

Thanks @LadyMaryQuiteContrary where is your order needing to be enforced?

OP posts:
LadyMaryQuiteContrary · 30/07/2013 16:35

Ireland. I have a very old CSA order which was done just prior to him leaving the UK but a lot of things have changed since it was assessed and he's refused to increase it whenever I've asked.

There's a lot of work involved if you're doing this yourself. I'm legally trained (although you probably wouldn't think so given some of my answers on here! Blush) but have needed help from others on here and a solicitor friend. My bundle of documents is huge! Are you able to get legal advice? From what I gather the courts and solicitors don't come across these very often so some may not know as much as you do, just be careful who you use. Feel free to send me a PM if there's anything that I can do. Smile

babybarrister · 30/07/2013 23:14

This reply has been deleted

Message withdrawn at poster's request.

LadyMaryQuiteContrary · 31/07/2013 23:17

Right, Wink

From what I gather some countries are quicker at processing these then others. In total, it took 16 weeks from submitting the form to the hearing. The hearing only confirms the amount of maintenance that the NRP should pay, the RP needs to apply for this to be actioned if the NRP still refuses to pay. There may be a delay if the reciprocal country has problems tracing the NRP as well, so the more information you supply the better. Linkedin is very useful for finding out where someone works.

Very best of luck! Smile

MacModesty · 01/08/2013 13:57

Update:

I have spoken to my solicitor and he has confirmed that it is just standard procedure and fine to sign.

OP posts:
LadyMaryQuiteContrary · 01/08/2013 14:06

Smile Good luck!

MacModesty · 01/08/2013 14:17

@LadyMaryQuiteContrary

Thank you :)

OP posts:
LadyMaryQuiteContrary · 01/08/2013 15:11

It helps if you have a rough idea what he should pay before the hearing. I'll PM you as I'm not comfortable putting too much info on here. Smile

newhorizon · 03/08/2013 10:10

Just a word of warning to have plenty of patience.

I'm waiting over 2 years for any progress! Ireland to the uk, so the speediness of every jurisdiction is different.

LadyMaryQuiteContrary · 03/08/2013 10:52

Mine's Ireland, it didn't take that long (I'm waiting for him to start paying). Shock Are they struggling to trace the NRP?

newhorizon · 03/08/2013 18:54

They shouldn't be, have all his details including national insurance number, address etc. I've now had to get minister for justice involved. I think I'm being stonewalled at the moment.

Delighted to hear you've had some positive news LadyMary...hopefully same for my dd soon

newhorizon · 03/08/2013 19:03

Just read your post on another thread LadyM...I'm in Ireland and nrp is in uk...from what I gather you're in the uk and chased maintenance in Ireland.

I'm surprised you got yours so quick. The Irish are usually slower at these type of things amongst others Wink

LadyMaryQuiteContrary · 03/08/2013 19:08

Good luck, newhorizon. I have an order, I just have to get him to pay up now. I'm hoping it won't take too long. From what I gather the courts here were the pro-active ones as the Irish ones didn't tell them that they had served until the solicitor contacted me and I tipped the court off because she was being nosey.

LadyMaryQuiteContrary · 07/08/2013 12:10

Mac I've just received enforcement forms from the court and there is a consent form (power of attorney) Smile

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