JEM44 Posted November 10, 2015 Share Posted November 10, 2015 Hi, I am just wondering whether anyone on here has been to court to apply for child maintenance to be paid once a child has emigrated to Australia? My children have no contact with their father (my ex-husband) but he does pay weekly through the CSA, however, they call me almost once a month to ask when we are going so that he can stop his payments. I have applied to go to court to have a financial order put in place to allow provision for child maintenance to be continued once we make the move next year. Just wondering if anyone else has gone down this route, and if so, how did it go? Please don't turn this into the opinions of absent fathers, mothers responsibility if leaving UK with them etc. My children would love to have contact with their father, however, kids clearly didn't figure in his future once our marriage of over 10 years broke down. We do have a contact order in place which I have been to court over to try and enforce and failed! Thank you in advance for any help or advice people can offer. Laura Link to comment Share on other sites More sharing options...
VERYSTORMY Posted November 10, 2015 Share Posted November 10, 2015 I don't believe that he can be forced to carry on payments once you are in Australia. In fact, from the history of posts on here, I would say in this situation, he is unlikely to do so. Link to comment Share on other sites More sharing options...
JEM44 Posted November 10, 2015 Author Share Posted November 10, 2015 There is a specific part of the Children's Act that deals with financial arrangements when either a parent or child moves overseas. this is the basis of my case that I have just submitted to court. I am am therefore looking for someone who has actually been to court over this issue. There surely must be someone. I can't believe parents just give up presumably because the CSA don't have jurisdiction outside of the UK. Link to comment Share on other sites More sharing options...
Gbye grey sky Posted November 11, 2015 Share Posted November 11, 2015 There is a specific part of the Children's Act that deals with financial arrangements when either a parent or child moves overseas. this is the basis of my case that I have just submitted to court. I am am therefore looking for someone who has actually been to court over this issue. There surely must be someone. I can't believe parents just give up presumably because the CSA don't have jurisdiction outside of the UK. The CSA would retain jurisdiction if the contributor remained in the UK I would have thought. I suspect that one of the main problems is that the CSA existed to ensure that absent parents supported their kids so that the state didn't have to step in. However as you will no longer be entitled to any UK state benefits that is no longer applicable. I hope that you get a response from someone who has applied successfully through the courts. Link to comment Share on other sites More sharing options...
JEM44 Posted November 11, 2015 Author Share Posted November 11, 2015 The CSA would retain jurisdiction if the contributor remained in the UK I would have thought. I suspect that one of the main problems is that the CSA existed to ensure that absent parents supported their kids so that the state didn't have to step in. However as you will no longer be entitled to any UK state benefits that is no longer applicable. I hope that you get a response from someone who has applied successfully through the courts. Thanks, but the CSA or CMS as they are now, do not have jurisdiction if any party is outside of the UK. That is why I am applying under the Children's Act which covers international financial arrangements for overseas parties. There is also an international body who enforce it between many countries, the UK and Australia are part of this agreement. Hopefully someone else on here will have been down this route. Link to comment Share on other sites More sharing options...
Guest Posted November 11, 2015 Share Posted November 11, 2015 My sister has had this situation and it was impossible to enforce payments. She tried but in the end it's just too hard to enforce someone in another country to pay if they are unwilling to do so. Too many phone calls emails etc. Which ultimately came to nothing. I'd give it a go but don't count on it. Good luck. Link to comment Share on other sites More sharing options...
JEM44 Posted November 11, 2015 Author Share Posted November 11, 2015 My sister has had this situation and it was impossible to enforce payments. She tried but in the end it's just too hard to enforce someone in another country to pay if they are unwilling to do so. Too many phone calls emails etc. Which ultimately came to nothing. I'd give it a go but don't count on it. Good luck. Thanks Chicken66, do you know if your sister had the agreement of maintenance made in a UK court or was it a verbal agreement, and if she tried to have it enforced, did she try to do this herself, or did she go through REMO (Reciprocal Enforcement of Maintenance Orders Unit who are supposed to work between courts in different countries to enforce non payments etc? I anticipate if I get the order in court, that we would need to have it enforced on the basis that the CSA ask me every month when I am going to Aus and my ex is desperate to cut ties with the kids. Link to comment Share on other sites More sharing options...
Guest Posted November 11, 2015 Share Posted November 11, 2015 Thanks Chicken66, do you know if your sister had the agreement of maintenance made in a UK court or was it a verbal agreement, and if she tried to have it enforced, did she try to do this herself, or did she go through REMO (Reciprocal Enforcement of Maintenance Orders Unit who are supposed to work between courts in different countries to enforce non payments etc? I anticipate if I get the order in court, that we would need to have it enforced on the basis that the CSA ask me every month when I am going to Aus and my ex is desperate to cut ties with the kids. I don't know all the details to be fair but she had a court order for maintenance and i believe she went through all the official channels to try to have it enforced but as i say it was impossible to enforce in the end. So she gave up not worth the stress, cost and time involved. If your ex becomes uncontactable or refuses to acknowledge any contact or can't be found enforcing it is near on impossible. Good luck though. Link to comment Share on other sites More sharing options...
JEM44 Posted November 11, 2015 Author Share Posted November 11, 2015 I don't know all the details to be fair but she had a court order for maintenance and i believe she went through all the official channels to try to have it enforced but as i say it was impossible to enforce in the end. So she gave up not worth the stress and time involved. If your ex becomes uncontactable or refuses to acknowledge any contact or can't be found enforcing it is near on impossible. Good luck though. I am anticipating it being an issue, my ex is un contactable now, despite a court order that states he should keep me updated with his contact details. It is not so much about the money, which obviously does help support the kids (who are bleedig me dry!) but the kids are of an age, where they want me to pursue this. Neither like the fact that they don't know where he lives etc or how to contact him should they wish to. All I have is an email address which does not get a response no matter what info I send about the kids (I am requested by court to keep him informed of school progress and health issues) and a solicitors address! At least I will be able to say I tried! Link to comment Share on other sites More sharing options...
Guest Posted November 11, 2015 Share Posted November 11, 2015 P.S If you're relying on the child support payments in your financial plan for the move once here i wouldn't factor it in as part of an ongoing part of your income as it seems he is already planning on not paying from what you've already posted he will not be willing to keep paying when he isn't forced to. Link to comment Share on other sites More sharing options...
JEM44 Posted November 11, 2015 Author Share Posted November 11, 2015 P.S If you're relying on the child support payments in your financial plan for the move once here i wouldn't factor it in as part of an ongoing part of your income as it seems he is already planning on not paying from what you've already posted he will not be willing to keep paying when he isn't forced to. No I'm not. At present I only use it to pay for the kids school trips, the rest goes into a savings account for each of them. It would be nice to think I could keep that up to go towards Uni/college etc in the future. Link to comment Share on other sites More sharing options...
Quinkla Posted November 11, 2015 Share Posted November 11, 2015 I am a stepfather to a boy who has a deadbeat dad - he walked out on his son many years ago (and long before anyone else was on the scene), has gone overseas and pretends to be unemployed to avoid paying child support. I understand the pain such a situation causes. I think kids deserve to have two parents and go to great lengths to ensure that my other two stepsons keep in touch with their (genuinely unemployed) father. But a deadbeat dad is a poor human being and if you are in a position to put him behind you and your kids, seize that opportunity. Trying to keep in touch - whether for the kids or for the money - will just lead to heartbreak. Link to comment Share on other sites More sharing options...
JEM44 Posted November 11, 2015 Author Share Posted November 11, 2015 I am a stepfather to a boy who has a deadbeat dad - he walked out on his son many years ago (and long before anyone else was on the scene), has gone overseas and pretends to be unemployed to avoid paying child support. I understand the pain such a situation causes. I think kids deserve to have two parents and go to great lengths to ensure that my other two stepsons keep in touch with their (genuinely unemployed) father. But a deadbeat dad is a poor human being and if you are in a position to put him behind you and your kids, seize that opportunity. Trying to keep in touch - whether for the kids or for the money - will just lead to heartbreak. If I am honest, having had no contact other than via the CSA and courts over the past four years I would happily walk away, but my kids are 13 and 15, have been through years of counseling with CAFCASS, the schools and also private counseling sessions, both want me to continue to try and keep accountability. I guess if it doesn't work out, they won't look back and say I was responsible for cutting the relationship ties. It's never an easy situation. Link to comment Share on other sites More sharing options...
Ken Posted November 11, 2015 Share Posted November 11, 2015 If you've got a court order there are plenty of debt collection companies in the UK who will happily manage the arrangement for you (for a fee obviously). Get some quotes. Link to comment Share on other sites More sharing options...
JEM44 Posted November 11, 2015 Author Share Posted November 11, 2015 If you've got a court order there are plenty of debt collection companies in the UK who will happily manage the arrangement for you (for a fee obviously). Get some quotes. That's a good point, never thought of that before. I was assuming (possibly wrongly) that if it was failure to comply with a financial court order then it would be pursued via the court bailiffs under the guidance of REMO, but I will certainly keep that one in mind. Only issue may be that he never keeps me updated with his residential details so may be difficult to do privately. Link to comment Share on other sites More sharing options...
Ken Posted November 11, 2015 Share Posted November 11, 2015 That's a good point, never thought of that before. I was assuming (possibly wrongly) that if it was failure to comply with a financial court order then it would be pursued via the court bailiffs under the guidance of REMO, but I will certainly keep that one in mind. Only issue may be that he never keeps me updated with his residential details so may be difficult to do privately. It's exactly that issue of him not keeping you up to date with his address that made me think you needed a UK based expert rather than trying to do it yourself long distance. I'm all for doing things yourself when you can but it's the same as if you were renting out your UK property - I'd advise you to hire a UK managing agent and not try to do it yourself from Australia even though doing it yourself is possible (in theory) and cheaper (in theory). Link to comment Share on other sites More sharing options...
Rossmoyne Posted November 12, 2015 Share Posted November 12, 2015 If I am honest, having had no contact other than via the CSA and courts over the past four years I would happily walk away, but my kids are 13 and 15, have been through years of counseling with CAFCASS, the schools and also private counseling sessions, both want me to continue to try and keep accountability. I guess if it doesn't work out, they won't look back and say I was responsible for cutting the relationship ties. It's never an easy situation. It is a hard situation and one I am very familiar with. When my children and I emigrated to Australia 25 years ago, there was nothing in place legally in the UK to enforce that my ex paid maintenance to the children once we left the country. After 6 months of trying, the stress was too much on top of everything else, that I just accepted that he never would contribute. My children (now in their 30's) have always been aware of the situation and that it was their father driving all the decisions, and whilst it did cause issues briefly during their teenage years, they do not blame me for his lack of contact or monetary support whilst growing up. Sometimes it is better to just let things drop because the stress it causes is too much. Link to comment Share on other sites More sharing options...
Parley Posted November 12, 2015 Share Posted November 12, 2015 He probably questions whether you need child maintenance. If you can afford to emmigrate to Australia with all the cost that entails do you really need the maintenance. There is some truth to this. BTW. Maintenance is not paid to the children. It is paid to the other parent. Link to comment Share on other sites More sharing options...
Keith and Linda Posted November 12, 2015 Share Posted November 12, 2015 It is a hard situation and one I am very familiar with. When my children and I emigrated to Australia 25 years ago, there was nothing in place legally in the UK to enforce that my ex paid maintenance to the children once we left the country. After 6 months of trying, the stress was too much on top of everything else, that I just accepted that he never would contribute. My children (now in their 30's) have always been aware of the situation and that it was their father driving all the decisions, and whilst it did cause issues briefly during their teenage years, they do not blame me for his lack of contact or monetary support whilst growing up. Sometimes it is better to just let things drop because the stress it causes is too much. Without going into any detail but from personal experience then what you say Rossmoyne is good advice, try a little but be prepared to leave it be too, as it will only cause more prolonged heartache, children will in time come to the realization of the truth, and this will happen sooner by being honest and truthful with them, but also be aware trying to poison their view may not help. Link to comment Share on other sites More sharing options...
Skani Posted November 12, 2015 Share Posted November 12, 2015 He probably questions whether you need child maintenance.If you can afford to emmigrate to Australia with all the cost that entails do you really need the maintenance. If you contribute to the creation of a child you have a moral/ethical responsibility to contribute to the maintenance of that child....irrespective of whether the co-creator "needs" it or not. Link to comment Share on other sites More sharing options...
Gbye grey sky Posted November 12, 2015 Share Posted November 12, 2015 If you contribute to the creation of a child you have a moral/ethical responsibility to contribute to the maintenance of that child....irrespective of whether the co-creator "needs" it or not. Exactly...and it is totally beyond my comprehension how someone can father a child and have no apparent concern for their future well-being. Such men must be a moral vacuum. Link to comment Share on other sites More sharing options...
Parley Posted November 12, 2015 Share Posted November 12, 2015 If the child has been moved away against your will, so that you will never be able to have a relationship with that child, then No that responsibility has been taken away. Link to comment Share on other sites More sharing options...
Keith and Linda Posted November 12, 2015 Share Posted November 12, 2015 If the child has been moved away against your will, so that you will never be able to have a relationship with that child, then No that responsibility has been taken away. Sorry parley, I disagree with you. It may be used as an excuse but the moral/ethical responsibility of doing the best you can for your child remains, if you do not when they are at a young age then you run the risk of loosing them forever. Link to comment Share on other sites More sharing options...
Guest Posted November 12, 2015 Share Posted November 12, 2015 :mask: Can an we not detract from the OP's questions please. If you want to argue a moral high ground or who is right/wrong, go do it somewhere else. This is not the thread for it. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.