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Moving Abroad, The Issues

By: Lorna Elliott LLB (hons), Barrister - Updated: 3 May 2016 |
 
Moving Abroad, The Issues

If you’re thinking of moving abroad with your child, there are many issues to consider. One of the main issues is that of abduction. If a parent shares parental responsibility, they are not allowed to take the child abroad for more than a month except for two situations: firstly, if the non resident parent consents or secondly if they have sought and obtained permission from the court.

Without this permission, taking a child abroad is abduction, even if the child is travelling with the ‘with care’ parent.

Going to Court

If there is a requirement to go to court to seek permission to go abroad, the court will consider a number of elements: the welfare and best interests of the child (in particular, if the parent wishes to take the child abroad for a better life); whether or not the proposed move is an attempt by the parent with care to stop the child seeing the non-resident parent; any harm that may come to the child; the capability of each parent; and the child’s wishes.

Jurisdiction of the CSA

The Child Support Agency only has jurisdiction in the UK, in other words England, Scotland, Wales and Northern Ireland. However, it does not include the Channel Islands or the Isle of Man. If one or more parties live abroad, the CSA is unable to give a calculation of the amount of maintenance a non-resident parent should pay. If either parent or the child is not resident in the UK, the court does have the power to make and vary a maintenance order.

Non-Resident Parent Abroad

If the non-resident parent is working for the UK civil service abroad, is in the armed forces, for a UK governmental organisation or is working for a UK company abroad (and is paid from a UK payroll) then the CSA will still be able to collect money from them. In all other cases if the non-resident parent is abroad the parent with care can go to court in the UK to apply for child support.

There are procedures in place that are designed to assist parents with care in the UK collect money from non-resident parents abroad, in particular REMO (Reciprocal Enforcement of Maintenance Orders). REMO will assist UK residents by enforcing maintenance orders abroad to collect money from non-resident parents. It must be stressed however that the UK cannot compel or order foreign jurisdictions to act in a certain way or within a certain timescale. In addition, not all countries in the world participate in REMO.

If a parent with care who is in the UK wishes to apply for maintenance from a person who is not living in the UK, they do not need to employ the services of a solicitor. All that is required is that they attend their local magistrates court. If there is an existing order, they make an application to have that order enforced in the country where the non-resident parent lives and if there is no order they can ask child support authorities in the foreign country to make a maintenance order for them.

Non Resident Parent living in the UK

The REMO (Reciprocal Enforcement of Maintenance Orders) agreement with participating countries works both ways. This means that if a parent with care and the child both live abroad, they can apply for a foreign maintenance order which will be enforceable against the non-resident parent who is living in the UK.

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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
I am the resident parent and several years ago a ontact order was made setting out regular contact for my ex-husband to see our daughter. A few months ago he moved abroad, and although he has had some contact with our daughter, has not kept to the frequency set out in the order, despite assurances he would. What are my legal options?
London - 3-May-16 @ 1:02 PM
marty - Your Question:
Hi,my daughter and her husband have recently split up. they have shared care, and m daughter as she is in work pays the bills and the mortgage. she signed her child maintenance over to her husband to give him more more money to support the child ( who is 4 ).she has just received a letter from the csa I thought if you have shared care you don't have to pay maintenance for the child especially as she has the child an equal amount of time.please could you advise me on what she should do next ?

Our Response:
If the CMS believe you share care equally, they won’t do a maintenance calculation, please see CAB link here for more information.
ChildSupportLaws - 21-Apr-16 @ 1:49 PM
hi, my daughter and her husband have recently split up. they have shared care, and m daughter as she is in work pays the bills and the mortgage. she signed her child maintenance over to her husband to give him more more money to support the child ( who is 4 ) .she has just received a letter from the csa I thought if you have shared care you don't have to pay maintenance for the child especially as she has the child an equal amount of time .please could you advise me on what she should do next ?.
marty - 20-Apr-16 @ 7:01 PM
Pipsqueak - Your Question:
After returning from Spain 5 years ago I visit my young daughter as often as I financially can, but with unemployment and a new job on less money than my previous I am finding it increasingly difficult to see her as I have no spare income ( and huge monthly credit card bills on 3 maxed out credit cards what I have used to pay for flights and hotels etc).is there any way I can get help to travel to see her or legally ask for part help off my ex wife to pay for my travel.I have never asked or recieved any help before but after over 40 trips to see her I have no idea when I will be able to see her again through my financial difficulty.many thanks.p

Our Response:
This is a bit of a tricky one to answer as firstly, I assume it was your choice to move back to the UK, therefore it is unlikely you would legally be able to gain any financial help from your ex. Also, taking the matter to court would cost as it would be an inetrnational issue. If you pay child support through a UK agency, you may be able to request a 'special expenses variation. However, if it is family-based then this would not apply and would have to be negotiated with your ex. Your only other recourse is to ask your ex personally, but if she did not agree then unfortunately there is little you can do here. Until you get on your feet, I can only suggest asking family to help (if they can). Booking ahead on offers to get the cheapest flights possible and staying in the likes of advertised spare rooms to let, rather than hotels will cut down costs. Getting to Spain can be done on a budget, but for now you may have to plan and think outside the box. I hope you manage to sort the issue out.
ChildSupportLaws - 20-Apr-16 @ 10:26 AM
Hello ..I have been paying maintenance to my ex partner who lives in the uk..I am resident in the uae this was not agreed through written or csa but mutual. She now says she wants more money and is looking at getting a court order. How does this work ?I'm resident in the uae so I belive the csa or remo have no authority here. How will the court decide on how much money I pay if they don't know my income ?How will this be enforced ? I have a house but worried she might even try to possess that please can anyone give any clarification on this.
Mickey - 20-Apr-16 @ 8:41 AM
After returning from Spain 5 years ago I visit my young daughter as often as I financially can, but with unemployment and a new job on less money than my previous I am finding it increasingly difficult to see her as I have no spare income ( and huge monthly credit card billson 3 maxed out credit cards what I have used to pay for flights and hotels etc) ..is there any way I can get help to travel to see her or legally ask for part help off my ex wife to pay for my travel ..I have never asked or recieved any help before but after over 40 trips to see her I have no idea when I will be able to see her again through my financial difficulty..many thanks .p
Pipsqueak - 19-Apr-16 @ 2:11 AM
i live in he uk and my ex and daughter live in tennerife. how do i go about a conact order?? can i make the order in a uk courtand bring her back???
wilz - 15-Apr-16 @ 6:39 PM
Ali - Your Question:
Hello. My husband (thai) want to move his child (thai) to Sweden, where we live. The childs mother is thai but she will immigrate to Canada soon. Now she is in Thailand but my husband is in Sweden. The mother agree that the child (10 years) will move to Sweden and live with his dad. They were never married but the fathers name is on the birth certificate. What do we need to do to get the child to Sweden? Does both parents have to give their consent to let the child make a passport? Does both parents need to give consent to give full custody to the dad? I understand there is a for that they need to sign, but do they need to do it in person or can it be done from Sweden? We are in a bit of a hurry because the mother is leaving Thailand soon. Best regards ALEA

Our Response:
I'm afraid as we are a UK-based site we can only advise on UK-based immigration and family law.
ChildSupportLaws - 15-Apr-16 @ 11:55 AM
I want to go back home to Canada with my children and potentially remarry in the next year.The father of the kids will not let me go with the kids. Of course all is well for him because he has had it easy - coming an hour here and there to see the kids when he has time. Never do they stay at his place.Now he is going mad and says over his dead body I can take the kids to Canada.Is there anything I could do other than expensive courts as money is tight. Could I even leave and set up home in Canada while fighting for the kids and then he realises he can't take care of them on z daily basis? Or are we all stuck in UK for what could be years of court battle?
snm - 14-Apr-16 @ 9:51 PM
Hello. My husband (thai) want to move his child (thai) to Sweden, where we live. The childs mother is thai but she will immigrate to Canada soon. Now she is in Thailand but my husband is in Sweden. The mother agree that the child (10 years) will move to Sweden and live with his dad. They were never married but the fathers name is on the birth certificate. What do we need to do to get the child to Sweden? Does both parents have to give their consent to let the child make a passport? Does both parents need to give consent to give full custody to the dad? I understand there is a for that they need to sign, but do they need to do it in person or can it be done from Sweden? We are in a bit of a hurry because the mother is leaving Thailand soon. Best regards ALEA
Ali - 14-Apr-16 @ 12:55 PM
Rich - Your Question:
I am moving abroad and its within the EU, I have a consent order that was agreed 15 months ago, I am looking for work why out there do the csa or court need to be notified if so how do the calculations work or do I have to pay the agreed amount in order ?

Our Response:
If your income will change then you need to notify the CSA of your change in circumstances if there is an increase or decrease of 25% or more in the paying parent’s gross weekly income - please see link here for more information.
ChildSupportLaws - 14-Apr-16 @ 11:19 AM
I am moving abroad and its within the EU, i have a consent order that was agreed 15 months ago, i am looking for work why out there do the csa or court need to be notified if so how do the calculations work or do i have to pay the agreed amount in order ?
Rich - 13-Apr-16 @ 11:32 AM
I would like information regarding our situation.My husband has a child from a previous marriage and he is now nearly 18 years of age.For many years my husband and I paid huge sums of marital debt accrued largely by his ex wife in addition to heavy maintenance payments paid to her.She did not take any of this debt and has continued to harass my husband and I for years.We now have 3 children of our own and have emigrated to Australia however now pay through the Australian CSA until the year after his son's 18th birthday.Following this the Australian CSA have no jurisdiction therefore given the huge debts my husband and I have had to pay and the constant abuse we receive regularly from his ex wife and her son we will cease payments then.I have since discovered however that under Scots Law the child can pursue legal action through the courts to claim more money from us until up to age 25!To date we have paid in excess of almost 90K pounds because of this and I would like to know if the courts in Scotland can enforce a parent living abroad to pay for a child aged over 18 until he is 25!Understandably we are worried as his ex has stressed her sense of entitlement onto her son but I'd appreciate any information regarding court jurisdiction abroad.Thanks in advance.
Jackie O - 31-Mar-16 @ 8:06 AM
Hi! I would be very grateful for your advice. We seem to be going around in circles. We want to upwardly modify / request more money to an existing child support order (there has been significant changes in circumstances by both parties). My daughter and I are now UK residents. The order was made in New York, America. The non-resident parent now lives in Miami, America. The New York court says they no longer have jurisdiction. Apparently REMO only deals with enforcement or establishing a new case. Where does that leave us? Should we start a new case in the UK, even though there is an existing American order?
Katherine - 18-Mar-16 @ 4:55 PM
Rob - Your Question:
Hello! Thanks for your help and speedy answer. Just to confirm that the the child maintenence is not organised through the Reciprocal Enforcement of Maintenance Order (REMO) Unit,but directly from the their country of residence trough court hearing without my knowledge and presence. So that is the reason why I am confused myself, how can the court decide in their fewer without any documents or proofs ( or might be a false documents supplied). Because so far I haven't missed any payment in regards to arrangement for child mentainence. Therefore my question was who do I need to contact in uk to validate my documents and send them to their court. And in terms of " everyone knows my private life " if I attend court hearings in their country of residence the information it will be supplied there and then in front of everybody (with my ex- partner present )and she would know what is my reason of unemployment. That is how the courts are working over there. But also at present time I am not in the position to travel and attend court hearing, thus I am asking for help how I can sort this problem from uk? Many thanks. Rob

Our Response:
I am sorry to hear you are having to go through this, I can only suggest you take some legal advice from an international solicitor regarding the best approach. You may also wish to ask Just Ask, link here which has professional lawyers that can help answer your question.
ChildSupportLaws - 17-Mar-16 @ 12:51 PM
Hello! Thanks for your help and speedy answer. Just to confirm that the the child maintenence is not organised through the Reciprocal Enforcement of Maintenance Order (REMO) Unit,but directly from the their country of residence trough court hearing without my knowledge and presence. So that is the reason why I am confused myself, how can the court decide in their fewer without any documents or proofs ( or might be a false documents supplied). Because so far I haven't missed any payment in regards to arrangement for child mentainence. Therefore my question was who do I need to contact in uk to validate my documents and send them to their court. And in terms of " everyone knows my private life " if I attend court hearings in their country of residence the information it will be supplied there and then in front of everybody (with my ex- partner present )and she would know what is my reason of unemployment. That is how the courts are working over there. But also at present time I am not in the position to travel and attend court hearing, thus I am asking for help how i can sort this problem from uk? Many thanks. Rob
Rob - 17-Mar-16 @ 1:30 AM
Rob - Your Question:
I need help any advice offered will very much appreciated. I am the father of non-European child who lived with his mother( ex- partner) outside of UK. The marriage and also the divorce was outside of UK few years ago and child maintenance courts agreement was maid in that country. Now I am living in UK remarried and have 7 mouth old baby. My ex partner again through court proceedings is asking for more CM money for my child that has been agreed without my knowledge. I revived court letter from that country stating that I am employed with very high salary, and I have to pay very high CM. But at present I am in a very difficult situation as my wife has a very serious post-delivery complication and is permanently disabled, I am unemployed looking after my wife and my baby. My question is how I can obtain unemployed letter from uk to show it to non- eu court without disclosing my wife disabilities as it is very small town and we don't want everyone to know about our private life( and especially my ex-partner)Can I show all my documents here to uk and can someone certify and write letter to them? Many thanks.Rob

Our Response:
I'm not sure whether I understand your question as there is no reason why 'everyone' should know about your private life. I assume the child maintenence is organised through the Reciprocal Enforcement of Maintenance Order (REMO) Unit, in which case there is no reason why this agency should divulge any of your details. However, what is apparent is that if you are no longer working, then you must sort this issue out before your finances are also compromised. You should contact the relevant agency, or court and ask what evidence would be needed, and the agency would re-calculate the commitment and contact your ex supplying only the minimum of detail.
ChildSupportLaws - 16-Mar-16 @ 1:57 PM
I need help any advice offered will very much appreciated. I am the father of non-European child who lived with his mother( ex- partner) outside of UK. The marriage and also the divorce was outside of UK few years ago and child maintenance courts agreement was maid in that country. Now I am living in UK remarried and have 7 mouth old baby. My ex partner again through court proceedings is asking for more CM money for my child that has been agreed without my knowledge. I revivedcourt letter from that country stating that i am employed with very high salary, and I have to pay very high CM. But at present I am in a very difficult situation as my wife has a very serious post-delivery complication and is permanently disabled, I am unemployed looking after my wife and my baby. My question is how I can obtain unemployed letter from uk to show it to non- eu court without disclosing my wife disabilities as it is very small town and we don't want everyone to know about our private life( and especially my ex-partner)Can I show all my documents here to uk and can someone certify and write letter to them? Many thanks.Rob
Rob - 16-Mar-16 @ 3:04 AM
felicity - Your Question:
Hello, My former partner and I have 2 young children aged 3 and 2. we are not married but his name is on the birth certificate. He gave notice to our landlord and our lease ended last week. We did not have a new flat to move to. I currently don't have any income since the birth of the children and he has never contributed to our maintainance except to pay the rent. He slso declined to help pay for childcare so that I could go back to work. On top of that he consumes marijuana on a daily basis and has been verbally abusive towards me. I have never reported this to the police. I have now sought shelter with my siblings in germany ( the children and I are german citizens, my ex is african with a permanent residence in uk). What do I do to be able to stay longer in Germany with the kids to find my feet again? Can my ex apply for sole custody in my absence?

Our Response:
As specified in the article, one of the main issues to be concerned about is abduction. Regardless of your ex's actions, if a parent shares parental responsibility then the other parent is not allowed to take the child abroad for more than a month except for two situations: firstly, if the non resident parent consents or secondly if they have sought and obtained permission from the court. Without this permission, taking a child abroad is can be classed as abduction, even if the child is travelling with the ‘with care’ parent. If you wish to take your child abroad, either for a holiday or to live abroad, you should keep the other parent informed. It is far better to work with the courts than against them. If your aim is to move permanently with your children to Germany and your ex partner does not agree with the move, then you must prove to a court that you have a reasonable and realistic plan which has the best interests of your children's welfare at heart. Obviously, by moving abroad contact with your childrens' father will be limited, and the courts will take this into consideration.
ChildSupportLaws - 26-Feb-16 @ 11:34 AM
Hello, My former partner and I have 2 young children aged 3 and 2. we are not married but his name is on the birth certificate. He gave notice to our landlord and our lease ended last week. We did not have a new flat to move to. I currently don't have any income since the birth of the children and he has never contributed to our maintainance except to pay the rent. He slso declined to help pay for childcare so that I could go back to work. On top of that he consumes marijuana on a daily basis and has been verbally abusive towards me. I have never reported this to the police. I have now sought shelter with my siblings in germany ( the children and I are german citizens, my ex is african with a permanent residence in uk). What do I do to be able to stay longer in Germany with the kids to find my feet again? Can my ex apply for sole custody in my absence?
felicity - 25-Feb-16 @ 10:53 AM
NM - Your Question:
Hi. I gave consent for my ex to take my child to NZ as I believed it would be in the best interest of my child. He stated before he left that as he was taking her away from us, I am in UK he would not expect child maintenance. I said I wanted to support my child and would pay towards her keep. To see my daughter I also have the expense now of a very expensive accompanied flight to bring her home once a year. I said I would pay half towards the fare and my ex agreed he would also contribute half. This was an agreement before we allowed her to leave. Now she is there he is saying he will not pay half. Am I obligated to pay child maintenance as he left the country to live in NZ with my daughter who I now never see and how do I base any payments I choose to give taking into account the cost of a very expensive accompanied flight. Is there anywhere I can seek advise to ensure I meet my obligations and he meets his. Am I even obligated to pay child maintenance as he left the country with my child?Thanks.

Our Response:
Regardless of whether your ex left the country with your child, you are still responsible for child maintenance, either a family-based one or via a child support agency if your ex requests it. Did you get anything in writing regarding your agreement before he left, as this is always a good idea should agreements be reneged upon? You could give the CMS a call via the link here. The CMS is a free service that provides impartial information and support to help separated parents make decisions about their child maintenance arrangements.
ChildSupportLaws - 16-Feb-16 @ 1:44 PM
Hi. I gave consent for my ex to take my child to NZ as I believed it would be in the best interest of my child. He stated before he left that as he was taking her away from us, I am in UK he would not expect child maintenance. I said I wanted to support my child and would pay towards her keep. To see my daughter I also have the expense now of a very expensive accompanied flight to bring her home once a year. I said I would pay half towards the fare and my ex agreed he would also contribute half. This was an agreement before we allowed her to leave. Now she is there he is saying he will not pay half. Am I obligated to pay child maintenance as he left the country to live in NZ with my daughter who I now never see and how do I base any payments I choose to give taking into account the cost of a very expensive accompanied flight. Is there anywhere I can seek advise to ensure I meet my obligations and he meets his. Am I even obligated to pay child maintenance as he left the country with my child? Thanks.
NM - 16-Feb-16 @ 8:14 AM
Hi, my partner and her children wish to relocate to Spain form the Uk to live with me, but her ex did not approve as he would not see his children as often. Now he has moved to the Emirates, does he still have the right to stop them leaving the uk now that he has moved?
Williams2016 - 13-Feb-16 @ 11:59 AM
francy- Your Question:
Hi I have a question, ex wife of my partner she's from Republic of Ireland what she live in Scotland but last year in September 2015she left the Scotland for good after for a year causing trouble all the time what she stop my partner to see he's kids so the intention for what she left Scotland seing she had no choice because my partner doesn't want see the kids but was her stopped my partner, so 31th December she back with the kids because there she doesn't have support from her family. So my partner he wanted paying the child support but her she didn't give any address or bank account to pay for the kids so now because she's back seing my partner he never paid for the kids and now she wants the money?? So how it is works because when my partner phone the csa them told to him we cannot do anything about that because she leave in Republic of Ireland. So she has been away for 4 month and my partner didn't see his kids from July 2015 Thank you

Our Response:
This would have to be sorted out by the CSA. If your partner owes arrears then the CSA will inform him of this. It is up to the CSA to make the official decision.
ChildSupportLaws - 9-Feb-16 @ 11:16 AM
Hi i have a question, ex wife of my partner she's from Republic of Ireland what she live in Scotland but last year in September 2015she left the Scotland for good after for a year causing trouble all the time what she stop my partner to see he's kids so the intention for what she left Scotland seing she had no choice because my partner doesn't want see the kids but was her stopped my partner, so 31th December she back with the kids because there she doesn't have support from her family. So my partner he wanted paying the child support but her she didn't give any address or bank account to pay for the kids so now because she's back seing my partner he never paid for the kids and now she wants the money?? So how it is works because when my partner phone the csa them told to him we cannot do anything about that because she leave in Republic of Ireland. So she has been away for 4 month and my partner didn't see his kids from July 2015 Thank you
francy - 8-Feb-16 @ 6:32 PM
My ex has a harassment order against him issued by the police last year after I reported him for verbal domestic violence, harassment and for indirectly threatening my life saying he wanted me dead in earshot of our 5 year old. He hasn't seen our child in a year and has never paid any kind of maintainence with the exceptence of a few months when his mother forced him to give me £60 p/m when he was earning 1K and paying her £300. He refused to take me to court for contact after we broke up, both on my advice and a social worker's advice and insisted that it would be impossible for him to be a parent if I had nothing to do with him and that it was my responsibility to ensure he still had access. I am 90% certain he broke the order in November last year, but cannot prove it as he turned up late at night and had his hood up to obscure his face, but was too terrified at the hammering on the door to call the police immediately. I have also had threats to my physical safety from his sister, who was also given a warning from the police but broke it when she called me a few months ago saying she wanted to apologise. I have since changed my number and rarely go out anywhere as I do not know how any of his family will react towards me as he blamed everything on me and convinced them I have made everything up to hide a secret relationship, first with a mutual friend, and then with a famous person from another country. I want his parental rights removed as I do not feel it is in our child's best interest to allow him to interfere in future if he decides he wants to prevent me from living abroad with our child, not because he wants the child but to hurt and control me. I am also highly concerned that as our child is showing signs of being transgender and my ex is both homophobic and transphobic, that our child would be bullied by them and would suffer both mentally and emotionally, on top of having to witness the constant arguements we used to have. (along with his family who insisted I was "turning him gay" by not coating him in pink and dresses while he still identified as a girl and one member called me up after I met up with some friends at a gay pride event and told me I was messing up the child and shouldn't allow them to choose how they identify as it's my job to "not f***" them up with unnatural ideas). We were never married but unfortunately he convinced me to put him on the birth certificate despite spending the whole pregnancy being angry with me and being angrier still when he found out we were having a girl. What can I do without breaking the law as I don't want him to still have control over what I can and cannot do, especially with regards to where I live in future?
Worried - 8-Feb-16 @ 10:08 AM
palf - Your Question:
My husband and I are emigrating to Australia and my step son who will be 16 has expressed he would like to come with us after his GCSE's. His mother is opposing this, where do we stand legally? Does he have a right to choose where he lives with at 16?

Our Response:
Parental responsibility ends when a young person reaches adulthood, at the age of 18. It means your husband would have to apply through the courts if his ex will not give permission and the courts will assess whether it thinks it is in his son's best interests to move or not. Both your husband and his ex will argue their cases for and against the move.
ChildSupportLaws - 2-Feb-16 @ 1:54 PM
My husband and I are emigrating to Australia and my step son who will be 16 has expressed he would like to come with us after his GCSE's. His mother is opposing this, where do we stand legally? Does he have a right to choose where he lives with at 16?
palf - 2-Feb-16 @ 9:07 AM
Lou - Your Question:
Hi, I have moved abroad after splitting up and want to pay child maintenance. However, I assume the CSA can't help in making a correct calculation in how much I would need to pay since I don't live in the UK and am not employed by UK company overseas. I pay a lot more tax where I live + am paid in a different currency so I don't know how to figure out what is fair to pay. My wife is not willing to accept what I believe is fair and demands a crazy amount of money. I don't want to run from my responsibilities and be dragged to court for not paying. Any suggestions on how to handle this? Thanks

Our Response:
You can access the Reciprocal Enforcement of Maintenance Order unit via the link here which should be able to give you the information you need.
ChildSupportLaws - 1-Feb-16 @ 2:16 PM
Hi, I have moved abroad after splitting up and want to pay child maintenance. However, I assume the CSA can't help in making a correct calculation in how much I would need to pay since I don't live in the UK and am not employed by UK company overseas. I pay a lot more tax where I live + am paid in a different currency so I don't know how to figure out what is fair to pay. My wife is not willing to accept what I believe is fair and demands a crazy amount of money. I don't want to run from my responsibilities and be dragged to court for not paying. Any suggestions on how to handle this? Thanks
Lou - 1-Feb-16 @ 7:52 AM
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