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Ex-partener in UAE doesn't want to pay child maintainace

11 replies

xiaoyoung1 · 25/03/2015 22:41

ex-partner lives/works (self employed) in UAE. He doesn't want to pay child maintenance / didn't pay for anything to now for our 2.5 year old.

He doesn't have capital in the UK, does anyone know if I can apply for court order or what to do to claim arrears when/if he's back in the UK?

Does anyone know if I could report him in the UAE?

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worridmum · 26/03/2015 00:03

Sadly I dont think the UAE have a treaty with the Uk to make him pay up child maintenance and without capital in UK judical i doubt they can unless he moves back to the uk and or puts assists in his sole name in the UK (sole name is important as you cannot claim it if its a company / owned by someone else etc)

xiaoyoung1 · 26/03/2015 07:21

Thank you worridmum. Is there anything I can do here to be able to claim arrears if he ever returns in the UK? Does anyone know if there is any way to report him in the UAE?

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Lonecatwithkitten · 26/03/2015 07:42

The UAE are unlikely to be helpful as in there law men get pretty much everything including children in divorce.

xiaoyoung1 · 26/03/2015 08:07

He lives with another woman there - not yet divorced. I know this is not allowed in UAE. Is there a way I can report him?

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Collaborate · 26/03/2015 09:24

There's nothing to stop you applying to court for a child maintenance order in the UK. You'd apply to your local county court under the Children Act.

He'd build up substantial arrears. Ordinarily you can't enforce arrears more than 12 months old. You'd need to get specific permission from the court to enforce arrears older than that. However in your instance I think the court would allow you to enforce historic arrears if you act promptly upon his return to the UK.

It doesn't guarantee he'll comply with any order now (though he might) so doesn't address any immediate need you have for the money, but it does at least create a potentially enforceable debt of some significance. If he wants to return to the UK to live at some point in his life he'd need to accept he'd be liable to enforcement action.

xiaoyoung1 · 26/03/2015 10:41

Thank you very much Collaborate.
Do you know if the court will accept my application considering a decision cannot be reinforced in the UAE?
It is not simply the financial support my problem. We share parental responsibility, but he is ignoring all my requests of consent forms I need from him. Is there anything to do about it? I have evidence of my attempts to contact him. Can you point me to links where I can find information of court orders/ applications/fees etc? anything really much appreciated.

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Collaborate · 26/03/2015 11:03

All the forms are here
www.justice.gov.uk/courts/procedure-rules/family/formspage

What things can't you do without his signature? For things like schooling and medical treatment one parent can act unilaterally (there is a right to consult, but you don't need his active cooperation). Apart from change of name, I can only think of leaving the UK on holiday where you'd theoretically need his consent, and that's dependent on the country you're travelling to and how zealous the immigration officers are in checking that you have paternal consent.

xiaoyoung1 · 26/03/2015 20:47

Thank you collaborate. Much appreciated. Leaving the UK yes! I stopped looking for jobs outside the UK as that is now technically impossible (I don't think I will get consent - he ignores communication). Is there anything I can do to be able to work abroad or will I only be able to do so after my child turns 18? Also travelling consent, he ignores communication. Is there a way I can have some sort of permission as he is totally absent/abandon his child and all his responsibilities towards it?

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Collaborate · 27/03/2015 07:08

You need a Specific Issue order. You ask for leave to remove from the jurisdiction of the court. You need to know where you'll be going to , where you'll live and work, and schooling.
You'd also need the court's permission to serve him abroad by email, but that would be a formality.

JillyR2015 · 29/03/2015 13:27

Is there a way to speak to him and build up some communication or email his parents if they live over there? Might be worth trying before reporting him to the authorities for living in sin.

xiaoyoung1 · 17/04/2015 17:30

oh! JillyR2015 - just seen it. Didn't mean it like this. I mean 'report him in relation to paying child maintenance' - not about what he's doing in his life. Just realized how that sounded, do not care about what he's doing in his life (only mentioned to emphasize the type of person he is - not interested otherwise).

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