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REMO - foreign court is not replying to my local court. What can I do now?

10 replies

LadySybilLikesSloeGin · 29/01/2015 13:18

Ex is in the Irish Republic and I had to get an order here (UK) as he stopped paying because he didn't think I was grateful. He's been paying the monthly amounts (minimum that the CSA would award if he was in the UK) since after the hearing, but we (ds and I) were awarded arrears from when the paperwork was submitted to the court, these were to be paid within 6 months of the hearing. A year and a half later I'm still waiting.

I applied for the order to be recognised and enforced by the Irish courts in March last year (in the hope that they could get the arrears from him and enforce it so he couldn't stop paying again the next time he thought that I wasn't grateful). I've received very little correspondence since, I know it's been received and that's about it. I emailed the court here in November and was told they would email the Official solicitor to see what's going on. I heard nothing again, and have emailed the court again today but the court officer has said that she's been waiting for the Irish court to get back to her and they are not responding to her letters.

Does anyone know if there's time limits for them to respond and what should happen if they don't? I'm not in urgent need of the money, I dislike being bullied though and letting him get away with this doesn't sit right with me. He'd been underpaying his maintenance for years and refused to increase it until the hearing so the arrears are not even a scratch on what ds should have received.

Thank you Smile

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LadySybilLikesSloeGin · 22/02/2015 17:32

Very hopeful bump Smile

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JillyR2015 · 23/02/2015 13:30

I'm not sure. I always think it can take a long time for foreign courts to recognise foreign judgments and enforce them. There is an EU regulation on recognition of judgments and probably one on enforcement. There might be something about time periods here www.justice.gov.uk/courts/procedure-rules/civil/rules/part74#V although it is UK rules although based on the EU rules in this area

LadySybilLikesSloeGin · 23/02/2015 13:54

Thank you!! I'll take a look Smile

I'm really grateful, I know these are rare so I appreciate your help Thanks

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JillyR2015 · 23/02/2015 14:30

I think some countries are faster than others. Italy has a very slow justice system. I would imagine Ireland was pretty good and like us. Perhaps try also writing to them by signed for delivery.

LadySybilLikesSloeGin · 23/02/2015 14:45

I'm not sure I'm allowed to contact his court directly. My court is supposed to contact the Official Solicitor, who's supposed to contact his court... Confused It's almost 12 months now. It's a good job I don't need it or we'll be buggered.

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canyou · 23/02/2015 16:28

www.courts.ie has contact details for the different courts/districts maybecstart there and ring the court ckerk for advice, DP always rings the court clerk for advice re self repping and they are great at giving advice on how thing works and correct paperwork and procedure. tbh here you really need to chase paperwork and solicitors
good luck

LadySybilLikesSloeGin · 23/02/2015 23:04

Smile Thank you! Thanks

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babybarrister · 24/02/2015 14:54

This reply has been deleted

Message withdrawn at poster's request.

LadySybilLikesSloeGin · 24/02/2015 21:45

Thank you Smile I'll do a google search.

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LadySybilLikesSloeGin · 24/02/2015 22:02

Oh, looks like he earns far more than I do Sad Thank you for the name though Smile

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