Moving Abroad, the Issues

ChildSupportLaws Editor 30/05/2026 at 2:36 pm

@mark harrison You're right that taking children abroad without consent from everyone with parental responsibility, or a court order, can amount to child abduction under the Child Abduction Act 1984. The US is a signatory to the Hague Convention, so you can apply for their return through the International Child Abduction and Contact Unit (ICACU), and you should contact a family solicitor urgently as time matters in these cases. Reunite International is also a good free resource for advice. On the maintenance side, you're still legally liable to pay through the CMS unless and until that changes, as it's a separate matter from contact. Don't stop paying without advice, as it could be used against you.

mark harrison 30/05/2026 at 2:36 pm

my ex wife has taken my two sons to the USA without my or a courts permission. I understand that this is considered abduction. what are my rights and do i have to continue paying maintenance and child support.

Han 13/04/2023 at 5:04 pm

My friend has split with his girlfriend and they have a child together. The mother is Irish (Rep of Ireland) and he is British. She took the baby (without permission) to Ireland when they broke up shortly after the baby was born. He later moved out there and they rekindled. Three years later their relationship has ended and he has moved back to the uk. She’s demanding more than the child maintenance amount and not letting him have any access until he pays.
Where does he stand in terms of a legal amount for child maintenance with her living in Ireland and him in the uk?

davidd 05/03/2021 at 12:23 pm

the women on here moving countries and begging for maintenance still .. shameful. maintenance should only be paid if the main parent is single and has 1 income supporting a child. if they remarry have a decent house and income why should the other parent who barely gets anytime with their child have to pay out large sums.

ChildSupportLaws Editor 19/02/2015 at 11:36 am

@Lil em - he could if he decided to apply for parental responsibility through the courts along with a 'prohibitive steps order'. You don't say whether he has access, as this might make a difference. I hope this helps.

Lil 08/02/2021 at 9:00 pm

Hi,
I am a parent of a 4years old. I have been a victim of domestic violence from the other parter during pregnancy end afterwards, some episodes were reported to the police and there are records. Social services have intervened a few times and in December 2019 said he was allowed to see our kid only under supervision, he refused. He hasn’t seen her since.
He pays child maintenance.
I am a European citizen and want for for my kid to have both passports but he never gave consent for the EU passport, what can I do?
Furthermore I am concerned every time we travel to Europe without his permission, what troubles could I have? Does he formally have parental custody?
If I had to expatriate for working reasons, could he stop me from bringing my child with me?

Saz 24/12/2020 at 11:44 pm

My ex coercion has lead me to cancel the CMA agreement. He has taken a job with an American company. He is out of the Uk 3 months a year and these wages are being paid into an offshore account. He also collect a uk military pension, works as a military reserve for 30 days a year, this is paid into a uk Halifax account. Which also had his mortgage from it.
He has also done other work of which is paid into his off shore account to avoid the tax man.
He’s now telling me he will stop my payment now CMA are not involved. If I reclaim he says I will only be awarded a cut of the payments into his uk account which will be minimum as this is his pension. He knows without it I will not afford the mortgage.
What can I do. Can I apply for a remo if he has a uk bank account? Or can I apply for a remo based of knowing his employer and I’m his of shores bank.

Dinosaurus 23/09/2020 at 10:09 pm

Same question as listed here recently: If resident parent moves overseas with child and paying parent lives in the UK. The CM decision was already granted and payments being made via collect & pay. The paying non-resident parent applied to CMS and stopped the payments on the grounds of the child not being a UK resident any longer. Is it legal? Can it be overturned?

Lou 09/03/2020 at 1:50 pm

If resident parent moves overseas with child and paying parent live in the UK. The CM decision was already granted and payments being made via collect & pay, will maintenance just continue to be paid as usual?

Sweetpea 05/09/2019 at 12:43 pm

Hi my ex is UK resident who is marrying a Thai lady in October this year 2019. He has told his son he will be moving to Thailand in the next 2 years. Will my son continue receiving child maintenance. My ex currently works for a German software company but they have offices in the UK. He can remote in and work anywhere in any country supporting UK customers. Does this mean he will still be paying Child maintenance? Help appreciated as Child Maintenance pays our rent.

Vikki2Dogs 20/08/2019 at 4:16 pm

Friend who is British citizen with 3 children. One boy followed by 2 girls. All 4 living in Scotland. 5 years ago, her husband up and left. Since he left he has not had employment in the UK however he periodically goes to Asia to work. He does not pay a regular child maintenance and when in the UK, he lives with his parents (the sad man is in his 50’s). My friend struggles; no council house so pays a private landlord; works as much as she is allowed, so not over 16 hrs so her benefits are not affected, no CMA from x-husband. Her legal aid was RUBBISH and basically let x-husband get away with murder. What can she do? How can she get help to sort this nightmare situation out?

Mom 07/08/2019 at 2:42 pm

I have recently moved to Canada from the UK, we are still UK citizens and I have permission from the father but since we moved here the father has stopped paying maintenance, is this legal my son is 11 and it was always a struggle getting maintenance when we lived in the UK, is my son no longer entitled to maintenance?

Jo 09/06/2019 at 7:16 pm

My Ex moved to Malaysia 2and1/2 years ago. We jointly own the property we live in. Our son is 8 and he only sees him twice a year (birthday and Christmas). My ex doesn’t contribute financially he pays his half of the mortgage. I have offered to buy him out but he refuses. He is basically keeping his investment (his half of the house) protected but not actually paying anything towards his son. Is this right?
What percentage would be a fair offer on buying him out? His half is currently worth £100k. Any help would be greatly appreciated.

Mike_33 31/05/2019 at 4:38 pm

Hello...
I have a problem. I will be divorced soon (divorce in Poland) and me and wife both agreed with lawyer that I will pay £80 per month for child maintenance. This amount will be shown on divorce case. We both live in UK.
Question is...
Can she apply for Child Maintenance anyway if she gets £80 already from me?
Child Maintenance calculator showing around £50 per week but We agreed for £80 because she cheated on me and I have a proof of her cheats that I can show.
Is United Kingdom accept that kind of agreement and Can she still do that?

Sad.dad 01/05/2019 at 7:05 pm

My ex wife and I wanted to get our children into a country with better prospects than the country they were born in. She was a British citizen, I was not. After lengthy research we decided to follow the rules and managed to get them citizenship, but when it came to getting the same for me the plans fell through and I ended up back in the country we started without work. Whatever I seem to do, I cannot get her support to get me closer to them, not only to be there for emotional support, but financial as well. I have had many prospects in the uk and other European countries, but she will not provide me with the simple copies of their citizenship papers, regardless of my attempts to assure her that I wish to provide for them as much as I can. I have limited contact with them which has come down to a phone once a week. She has met someone else, got engaged to said person and has had another child with him. I thank this man for how much he has done for my kids and made it clear as soon as I am able, will reimburse them. What can I do?

Aram 02/04/2019 at 12:33 am

I’m British married to Jordanian, used to live in Dubai, finished work there so I return back to the U.K., but my wife refused to come with me and kept mt little daughter with her, and I’m sure if she planning to flew Dubai to somewhere else

Tom 04/01/2019 at 11:57 am

My 9 year old daughter is moving to America with her mum permanently, my ex hasn’t mentioned it to me however my daughter has. What are my rights as a father towards my daughter and if and when they do move to America, do I still have to pay Csa as my daughter will no longer be a U.K resident

Davidad 21/12/2018 at 12:47 pm

I think that, if you check, you will find that the advice which you give below is incorrect in law:

"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."

Under the Child Abduction Act, where there is joint parental responsibility and there is no Child Arrangements Order in place, one parent cannot take the child out of the jurisdiction (noteven to Scotland) for a single minute without the consent or genuine beleif in the consent of the other. The 'one month rule' only applies where there is an Order in place.

Laura 13/12/2018 at 7:31 pm

Desperate for advice, my husbands son now lives in America with his maternal grandfather, resides and attends school there. Both parents still live in the UK but my husband is still being deducted 40% of his weekly earnings by the CSA despite being told the USA is outside of the CSAs durestricton and the fact his son no longer lives here. We are getting absolutely nowhere with CSA on the phone and wonder if anyone could offer any advice thankyou

Blondmo 23/11/2018 at 11:13 am

Hi
My situation is a bit unusual .After 30 years the CMS have finally served a deduction of earnings order against my ex husband , who now lives in France towards recovery of arrears clocked up when my children were small (they’re now 30 & 32). The arrears are in the region of £15k. He’s being required to pay £30 a month from January so the debt is unlikely to ever be repaid but my question is this. I now live in France too. Assuming we don’t have to return to the U.K. post Brexit what is the position regarding BOTH parents not being resident in the U.K. Please if possible give the pre & post Brexit scenarios if possible. I’ve searched the CSM site and it only seems to cover the situation if one parent lives outside the U.K. We are both U.K. citizens. Thank you

Dove123 07/11/2018 at 2:26 pm

Hello,

My ex-partner has recently moved to New Zealand. We had a private arrangement set up of how much he would pay me each month and there have been no issues with this. He has no contact with our child. Since he has moved he has stopped his payments. Please can anybody advise on the REMO service. Is this costly? would I have to have some sort of order in place first for payments that would state he has breached? What would happen on his return to the UK?

many thanks

Dad 31/10/2018 at 7:11 pm

My ex wife and her partner are emigrating to New Zealand. I currently pay maintenance for our child who will be coming to live with me. My ex wife has informed me that she does not have to pay me the maintenance when she leaves. Is this right? What can I do if anything??

Carol 27/10/2018 at 1:28 am

my boyfriend had a child with his exgirlfriend 8 years ago, she is Spanish and since they broke up she has been living in Spain with the child, however, due she’s got serious problem with her current boyfriend she send my boyfriend’s son to the UK to live with us. My boyfriend is considering to get sole custody of his son. How likely is he can gain it? How does he need to prove in order to get it? And how long would it last the process? Thank you.

Medusa 14/10/2018 at 3:32 pm

Myself, DH and 2 children (12 and 8) are considering moving to another country (non-EU) - for 3 years - where I have family links. I am a teacher and will be applying for jobs in International schools - so the children will have a paid-for excellent education.

My DH is not the biological father to my children - the father and I split up 6 years ago for various reasons. The background is complicated but basically he hasn't seen them in 2 years (although he has turned up twice and been quite aggressive). There is no court order.

As we need his permission to go, I have texted him to ask for his address. He will not reply or give his address as he also refuses to pay maintenance, and, I think, is worried that I'll inform the new CSA where he lives. TBH I wrote off getting any maintenance off years ago and recently cancelled the arrears and didn't sign up to the new system (I'd have to pay £20 for the privilege of never getting a penny).

What can I do? If he refuses to give his address (if he has one - he may be sofa surfing), not only can I not send a letter for him to sign (although he will refuse/lives a life so dysfunctional he will never be able to post the letter back), but this also means that if I go to court for a "leave to remove" order, they will not be able to deliver any paperwork either.

Cakd 13/10/2018 at 2:04 pm

Hi, I am a non eu and living in the England with my british husband. We have 2 kids aged 17mos and 3mos old. My husband and I are not in good terms anymore but still living together for the sake of our kids. I would like to know if I can take my kids back home with me? Thank you

Steve 30/09/2018 at 8:11 am

My ex partner has moved to Australia with my daughter. The Australian CSA have phoned me to start a claim surely I do not have to pay this as she is not giving me any contact what so ever with my daughter

Ash L 19/09/2018 at 2:50 am

Hi there,
My ex-wife moved to Portugal with my son and I have to incur travelling costs such as flights, hotels, car rentals and train tickets to and from the airport. Each time I travel it costs me in the region of £500 minimum. My wife expects me to pay half of all the expenses relating to my son which sounds fair, but surely the fact that I am incurring costs should be factored in?

My ex-wife travels to the UK on occasion but not as much as me.

What is the precedent here and does it hold weight in EU law? Is there a specific section in law that I can quote?

ChildSupportLaws Editor 13/09/2018 at 1:38 pm

Yes, you would still require permission from the courts to move abroad. However, due to the fact your children's father has not seen his children in many years then it is highly likely you would be given permission.

Justquerying 11/09/2018 at 8:23 pm

My ex took me to court 13 years ago for joint custody, he dropped the case (due to the level of domestic violence he put us through) and I got sole custody. In our divorce he signed, under the special childs arrangement, that the kids will live just with me and he will never have anything to do with him. We have not seen him in 13 years. Do we need his permission to move abroad?

Md77 10/09/2018 at 8:58 am

I currently pay Child Support to my ex for my two children with her. My wife and I may need to move overseas for work and want to continue to pay support and have the children come and visit. Would the amount be calculated based on my income in $ then converted to £ on the current exchange rate.

I want to be open and transparent and ensure that the correct amount is sent each month.

Kate 04/09/2018 at 10:03 am

If I was to move abroad would my daughters Dad still have to pay maintenance? And would it still be the same amount?

Dave 28/08/2018 at 10:57 am

Hi, i have had personal agreement with my Ex wife since my daughter was 1 and never missed a payment. For the last 2 years they have lived in Portugal (age 16-18) now my daughter has reach her 18th birthday i've stopped payments to a barrage of text messages sayong i have to pay till my daughter is 19 , without any proof of the home study course's she says shes on. Where do i stand on this please ?
Thanks

JAY 22/08/2018 at 11:18 am

My ex partner lives in New Zealand. he owes £15000 in UK Child Support. He lft to avoid paying it. It is owed from the year 2000. How can I obtain this? My children are now over 18 but this was money they should have had the benefit of growing up. Is there any way these arrears can be recovered?

MattH Editor 17/08/2018 at 9:59 am

@Bella - it's definitely more difficult if your ex is in a non-remo country as you'd probably have to use an international family law solicitor to push it forward to court. But it would cost you to push it and there is no guarantee you'd get the child maintenance. M

Bella 03/08/2018 at 8:54 pm

Hi
My ex husband lives in Dubai he was born in UK . We have two children who he refuses to pay any child support to. Due to Dubai not being in the REMO countries he said he doesn’t have to.
Is this correct or is there away I can claim some support from him, I’m currently working to try and support our boys
Thanks in advance

TMac Editor 18/05/2018 at 10:26 am

@Nessa - it's difficult if your ex is retired. If he's not earning an income as such, then they will not be able to force him to pay a lump sum. You could only take it to court to enforce the £10 per week.

Nessa 17/05/2018 at 9:49 am

Hi. My ex husband is retired & lives in France . He’s in receipt of state and occupational pensions. The CSA took the case to court many years ago and made a compulsory order against him to pay £10 a week back of the £16500 he owed in unpaid maintenance. recently received a letter saying the case is being handed to the new agency but that he still owes over £15k in maintenance arrears . They said I can write it off by writing to them but I have no intention of doing so. My children are now adults but they missed out on so much because he evaded paying maintenance. The CSA took the sum to court and had it proven and had to threatened him with loss of passport, driving licence, prison sentence etc . They got his agreement to pay back at £10 a week. For the last few years he’s only paid £5 a week. I am now moving to France myself later this year. Does this mean he will no longer have to pay maintenance or as strictly speaking it’s for the children can this not be paid directly to them now they are adults - they are both resident in the UK. Is there any way I can get him to continue to pay or force payment of the whole debt in full. Nessa

J93 12/05/2018 at 5:56 pm

me and my partner have 2 children togeth both under 2. If we break up which is looking likely, what are my rights as a father? she is from RO.Ireland and fear if we split she may want to move back to ROI with the children which I do no want

ChildSupportLaws Editor 24/04/2018 at 12:22 pm

Payments should continue, CMS will tell you more. As a general rule, the REMO unit would be able to help where CMS cannot, It makes no difference whether he works for a UK-based company or not.

Kat 23/04/2018 at 8:39 pm

I have a child maintenance case set up where I receive money for my son via collect and pay.
I've just heard that my son's father is planning on moving to France (I live in the UK)
Will he still be made to pay me CMS whether he works for a UK based company there or not?

ChildSupportLaws Editor 10/04/2018 at 9:30 am

You would have to contact CMS directly, as CMS can help trace him if you have some details. Child maintenance would be based on the percentage of his income in pound sterling.

ChildSupportLaws Editor 09/04/2018 at 3:44 pm

By law, the other parent still has to pay towards the day-to-day upkeep of their child, regardless of where their child lives. Or even (if they live in the same country) whether they see their child or not.

Ol 09/04/2018 at 12:25 pm

Hi. I am citizen of Latvia. I never lived in uk. I live in Ireland-(not uk part). I have child who was born in Latvia. I never included fathers Name on Birth Certificate, as he never belived is his child. He lives in UK, but I dont know address. How can I inforce him to pay child maintenance and would it be calculated based on his uk income or based on % of Latvian minimum wage?

Jennye 07/04/2018 at 4:34 am

Hi,

My husband has a 15yo daughter who has been taken to live in the UK. They were supposed to move home to Australia but the mother has now applied for permanent residency and they are staying in the UK. We pay a negotiated amount of Child Support. We would like to keep the child support each month to put it toward our travel expenses to visit the daughter. Is this legal? Do we legally have to pay child support for a child with who is an Australian citizen but is a permanent UK resident?

Steve 31/03/2018 at 11:55 am

My ex partner moved abroad with my son and I set up payment and have done so ever since they left and more besides. Can I recover the expense of going to see him ie flights and accommodation as she won't bring him here to see me. In fact she came over on holiday with her family and didn't tell me so I could not see him.

It costs a lot of money to keep going over and I just can't afford to do it anymore.

Look forward to hearing from you.

Kind Regards

Stephen

ChildSupportLaws Editor 29/03/2018 at 9:58 am

Unfortunately, unless your ex is earning and paying tax through HMRC, then he will not be eligible to pay child maintenance.

dee 28/03/2018 at 3:37 pm

I was married to British but Im not British.Our child is dual nationality.After a divorce in the uk ,the court made the maintenance order, I left the uk with my child.my ex stopped paying maintenance 3 years ago and apparently lives on benefits for 3 years now.Likely he does illegal work.He is coming to court every 6months but the court reduced the maintenence to nil coz he has no means.I live in EU country.Not getting any benefits nor money from CSA in any of 2 countries.the goverement of my country posted a letter to CHB office asking for coordination of benefits but UK benefits office said neither me nor my ex who is British is on right for family benefits for our child from the UK,My child is abandoned by her father and the goverments of 2 countries.Noone wants to take responsibility.I do work full time but its not enough.Is there any solution in my case or my child will never get and support from anywhere?

ChildSupportLaws Editor 13/03/2018 at 12:21 pm

As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. A court will not stop a person from moving on, and will be more open to the idea if you are prepared to continue to allow access. However, it is impossible to predict what a court may decide.

Jimmy 12/03/2018 at 9:52 pm

I am hoping to move to a different part of the UK with my son to start a life with my new partner.
My ex sees our son 3 x days per week at present which would be less if I moved away. It's 100 miles away from our current location.
I will never restrict access to his son and would never want to but he's instructed a solicitor to act as he wants to stop me moving away.
Will he be able to stop me moving to a different city ?

ChildSupportLaws Editor 20/02/2018 at 11:06 am

You must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad.

Dove1 19/02/2018 at 5:45 pm

Hi. I am considering no I g to Republic of Ireland with my 2 daughters and my partner. My partner was born there. One of my daughters has a different Dad who lives where we are in England. What are my rights please? Moving due to work. Thanks in advance

Azza 14/02/2018 at 3:24 pm

Hi, I’m relocating to New Zealand and currently pay a set amount of £250 a month to my ex for our child. We have mutually agreed this and are both happy with this and don’t go through CSA. If I move abroad and don’t have a job at first do I still have to pay? Also with international bank transfer fees I am entitled to drop the payments a bit?

ChildSupportLaws Editor 08/02/2018 at 2:46 pm

Much depends upon where you are moving to. The Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally has a list of countries where orders are enforceable

H 07/02/2018 at 10:56 pm

If i move overseas does my ex still have to pay child maintenance? he says he does not have to legally pay anything as i will not be living in the UK therefore i do not have case.

Monika 06/02/2018 at 7:13 pm

Hi my name is Monica,

I am Romanian and I have been living in the UK for over 6 years now.

I am in need of advice regarding my situation with my ex partner and our son who is nearly 5 years old and was born in the UK.

I broke up with my ex 2 years ago and he never payed any maintenece or support for my son. He visited my son for a few months when I moved to Hertfordshire with my current boyfriend.

He left the country and I don’t know where he is and he hasn’t contacted his son or me in almost a year.

I need advice on the next steps I need to take in order to have custody of my son because it is difficult for me to make any paperwork or passports without my ex’s signature.

Any advice you can provide would be greatly appreciated.

Thank You.

ChildSupportLaws Editor 25/01/2018 at 3:47 pm

The father of your child is still deemed to be financially responsible regardless of where you live. However, some countries do not have powers to enforce child maintenance orders internationally, where a parent refuses to pay. You can see a list of these countries here .

Jgib 25/01/2018 at 1:15 pm

I am movung from the csa to cma. I am also thinking of moving with the child who's in my care to the UAE. The father has never seen the child and has no parental responsibilities. My husband has parental responsibility. Am I still eligible to claim if we go? I've paid application and am awaiting to hear case progress. It has been a month since the CSA closed my case. Please advise.

delboy 28/12/2017 at 10:40 pm

I earn £800 per month, I pay £175pw rent, I got a letter from child maintaince saying I've got to pay £395 per month in maintaince? When the flat rate is £5 pw.
Plus I am not the children's father, I've done a DNA test which proved this, and yet child maintaince is still chasing me for payments when they should be reading the case notes and chase the real father

ChildSupportLaws Editor 12/12/2017 at 12:46 pm

All non-resident parents are by law obliged to help pay to financially support their child whether they see their child or not, or regardless of where they live. However, much depends upon what country your ex is returning to. The Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally. However, not all countries are a member state.

Monty 11/12/2017 at 7:21 pm

Hi. I am negotiating the terms of a consent for my ex to relocate my daughter overseas to avoid a devastating and unsustainable leave to remove battle. She is demanding that I commit to pay an amount of child support that is off the csa scale whilst overseas! Should I be expected to pay mandatory child support at all, when it is her that wants to relocate, and I hate the idea. Cheers!

ChildSupportLaws Editor 11/12/2017 at 2:59 pm

You would still have to pay child maintenance to support your child whether you are working in the UK or not. By law, a non-resident parent has to help financially support their children. Therefore, you would still pay a percentage of your earnings per month.

ChildSupportLaws Editor 05/12/2017 at 12:55 pm

You would pay a percentage of your earnings regardless of where you live. Child maintenance is based solely upon your earnings and the tax you pay via HMRC, , which shows you how child maintenance is calculated.

Edinboy 04/12/2017 at 10:47 pm

Hello I have met a a new girl friend she lives in Portugal I am going to move over to be with her 2 weeks of every month and come back and work for an agency for 10 days a month earning 1000 in the ten days to support myself in Portugal what would be the percentage of csa I would have to pay bearing in mind I will only be in the uk 10 days of every month I have 2 kids will I still have to pay for a full month or just the days I am in the uk thanks dean..

Tb 01/12/2017 at 1:52 pm

I'm an Irish national living in the UK, myself and my partner have a 15 month son . I recently got married abroad and life has just changed totally. I have decided to get the annulled. We have got not marriage documents yet in the uk so I'm not sure we a legally married here. I want to move back to Ireland with my son and I have agreed to give his father equal custody. He's is saying the child is better off staying with him. I have agreed to stay till this is sorted in the new year however he is unwilling to let me even take the child home to visit family as I do for Christmas. What are my rights here and because we have no marriage certificate yet in the uk what rights has he.

ChildSupportLaws Editor 10/11/2017 at 2:33 pm

By law, your partner is responsible towards paying towards his son's day-to-day care until he leaves full-time education. Payments such as cars, holidays etc are all retrospective and will not be taken into consideration. Plus, they are deemed voluntary payments, not payments directly towards his son's day-to-day welfare. Child maintenance is based on earnings not asset ownership. If he has passed assets over to his wife, this is also deemed as voluntary. If your partner now has to pay child maintenance directly to his ex, he does not have to pay above and beyond the amount he is assessed on and is requested to pay.

gem 10/11/2017 at 12:18 am

Hi
My partners ex is still on a mission to ruin him financially.
She has now come up with the CSA even though he pays his 18 year old son directly his own maintenance payments.
His son is at 6th form final year and is 19 next September.
The CSA say he has to pay his ex £700 per month, even though:
1. He pays his son £120 every month
2. He has bought him a £600 this year
3. Bought him his own car and taxed and insured it
4. Paid £1400 for a trip to NZ
All this in the last 3 months.

His son works part time, will be joining the army next August as an Officer, is a member of the Freemasons, Makes his own money using a trading account in stocks and shares.
My ex works for an American company and since his divorce where he gave his ex both houses in order that she wouldnt ask for any more money ( and a court order proving that ) has no fixed abode.

Will the CSA still insist on him paying ?

ChildSupportLaws Editor 09/11/2017 at 2:42 pm

There are ways to reciprocally enforce maintenance orders internationally. However, we cannot speculate how far the Australian agency will go to enforce this.

Paul R 07/11/2017 at 8:10 pm

Hi my ex wife taken my daughter to Australia 7 years ago when she eas 16 I signed at a solicitors to say I was happy for her to go I also paid the uk csa till she was 16 when I received a letter from them telling me not to pay any more when my ex arrived in oz I received a letter from the oz csa telling me I need to pay £450 a month for my daughter I refused as I paid till she was 16 in the uk I 5 years on I have never paid a penny and I still keep getting staitment letters from the oz csa telling me i owe £26000 and still going up with interest every month am I legally bind to pay this will they take me court ???

Dobie68 30/10/2017 at 6:42 pm

There is a court order in place which orders me to allow my ex-husband to see our children on a regular basis. The court order states that he shall see them 'after school' on certain dates but does not specify any times. He works full time and states that he cannot collect them until 6.30pm on the days that he has them stay with him. Who is responsible for the children until he collects them? He has them stay with him 10 nights per month and pays maintenance but they live with me.

arvo 24/10/2017 at 12:40 pm

My ex wife and I separated almost 7 years ago. Soon after divorce she and my son left to malaysia and currently living in Australia past 5 years. I have been paying child maintenance to her UK account for past 5 years in accordance to UK CSA.
I have calculated that I have paid over 48,000 pounds over the past 6 years. I have now received a letter from her demanding for my annual tax return. She now also has contacted Australian CSA who trying to contact me. Is she legally binding to do this? I have bank records of all my payments. Should I renegotiate the Child maintenance via solicitor as she has been living in Australia for the past 5 years ? I have been trying to speak CSA they were unsure what is best course of action.

ChildSupportLaws Editor 17/10/2017 at 4:01 pm

Yes, you can claim child maintenance from the child's father

aaa 16/10/2017 at 6:59 pm

hi i moved to spain 3 years ago with my daughter i have a signed affidavit from him witnessed by lawyers stating she can live hear with me dose he have to pay anything for his daughter as he has no contact with her maby one phone call yearly his choice and has never payed anything towards her since she was born

ChildSupportLaws Editor 13/10/2017 at 12:53 pm

Your son or your son's ex's only recourse is to apply to court for permission if and where there is disagreement. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.

Mel 12/10/2017 at 3:51 pm

My son lives in Spain and his 16 year old daughter has chosen to live with him but the mother is now refusing to sign a letter to say that she can. What if anything can my son do about this. The 16 year old did not just leave her mother knew she was going and where

ChildSupportLaws Editor 02/10/2017 at 2:06 pm

This question has also been answerd on another of our pages, I shall repeat the answer. If you cannot agree to any form of access with your ex, then your ex will have the option to suggest mediation as a way of trying to formulate an agreement. Obviously, there are two sides to every story and your ex will have the option to apply for access through the courts if you do not consent to come to an arrangement via mediation. Unless your ex allows you to withhold access indefinitely, then it may come down to a court to decide what it thinks is in your child's best interests. Many children in the UK have parents that take drugs recreationally and otherwise, and while a court does not condone drug taking, much depends upon the impact of the drug use on the ability of the non-resident to provide safe and appropriate care for a child. Perhaps your ex's parents may be able to get involved to offer supervised support until the matter can be decided long term. Remember, there are two parents in all relationships and both may wish to be involved in the upbringing and care of their child. To shut one parent out isn't straightforward. Regardless of the other parent's lifestyle, the other parent still may want to love and care for the child as much as you.

G 30/09/2017 at 12:01 am

My husband suffers from depression and as a means of coping uses cocaine. When I fell pregnant which was not the plan I told him if when our baby was born he was still using which he has done for 7 years I would leave him. In the end after giving him chances I have separated. He only sees her when I am with him as I don't trust him. And from the day our baby was born I have taken care of the baby. His family don't know the real reason I have left hr has threatened suicide if I tell the about his use of drugs. His mother has now said to me she will try and get custody for him or get some sort of rights that he can see our child. Our baby is 7 months old. If I went for full custody could they do this? I can't trust him with our baby alone... And as he always talks about death and all sorts of rubbish I don't want his issues around our child that I have raised. He has been giving me money every month as I asked him to start helping with that.

ChildSupportLaws Editor 25/09/2017 at 11:35 am

You must get the permission if your ex has parental responsibility or from a court before taking the child abroad

Amc 24/09/2017 at 3:13 pm

Hi. Im wishing to go traveling with my son of two years for 2 years around australia and south east asia for around 18 months. His dad is on the birth certificate but left shorly after we havent heard from him since the baby was about 4 months. Do i need his permission to take the baby away and if so is it just a letter or do i have to get certain forms filled in.

ChildSupportLaws Editor 11/09/2017 at 4:58 pm

If you have written permission from your ex, then no court would attempt to take your child from you and move him to a different country. The court will always rule for what it thinks is in the best interests of your child and moving him across the world would not be.

ChildSupportLaws Editor 11/09/2017 at 2:44 pm

The main point here is that you say your ex has £52K 'non-taxable' income, CMS can only apply for child maintenance against taxable income. Here also is the list of countries with Reciprocal Enforcement of Maintenance Orders (REMO) for decisions made by courts in the UK. I would ignore your ex's threats as they have no substance. However, you would not be able to make a claim through the courts if Dubai is not on the REMO list.

RJS 11/09/2017 at 1:26 am

Hi,
My son was born in the UK. When he was 8 weeks old I found out about my husband's infidelity. My son and I left for Australia (my native) so that we can be with my extended family with written permission from my husband. My son is now 9 months old and we have established our life in Australia. My son is also now an Australian citizen. My question is can my husband apply to the UK courts to bring my son back to the UK? He has visited my son in Australia twice so far and we have tried to reconcile but it is not possible. How can he gain gain custody of my son?

ChildSupportLaws Editor 25/08/2017 at 12:08 pm

Regardless of where you live, you are still responsible for paying child maintenance towards the day-to-day care of your child. You would have to discuss directly with CMS what will be done with the money you pay, if your ex continues not to accept the money.

Mike 24/08/2017 at 2:37 pm

I am a paying parent, cms is in place but my ex never accepted the payments ( it was my initiative to pay cms, after court order gave our child rights 50/50, child is living with her mum) . Next month I am moving to Germany to live there permanently, child is staying in UK.
What will happen in this situation - do I have cancel cms or I will be liable to paying it?
Many thanks,

ChildSupportLaws Editor 21/08/2017 at 10:27 am

With regards to applying for a residence order, much depends upon who is the day-to-day main carer of your child. Whether it is your ex applying for a order to be allowed to take your child to live abroad, or whether you are applying for a residence order the court's main objective is to decide upon what it thinks is in the best interests of your child (not the parents). For instance, if you apply for a residence order and you perhaps only see your child once a week for a few hours, then it is highly unlikely a court would opt to change the resident parent as it would not be seen in the best interests of your child. The most important focus is on giving your child stability and consistency. However, a court will not attempt to stop your ex moving on with her life and if your ex can justify why it is in your daughter's best interests to move to another country with her, then the court is unlikely to object. Likewise, if you can reason why it isn't in yoru child's best interests for your ex to take your child abroad, then the court will listen. If you remember, this is not about you, your ex or her actions, it is always about what a judge thinks is best for your child. In answer to your last question, no, you will still have to continue paying child maintenance. If you cannot afford to be legally represented in court, you can self-litigate. Litigants in person must be treated equally before the law and have equal access to justice whether represented by a solicitor or not.

Eli 19/08/2017 at 5:02 am

My ex apply for a leave to remove for my daughter to take her to an other European country, I refuse to give her the consent to take my child to an other country to live there. Now my question, can I apply for residence order ? I do live with my dad and one of his tenant. Should I look for my own accommodation first? And can I stop paying the mother child support, where I have to pay for solicitor?

Andy 11/08/2017 at 9:28 pm

Hi
Im haveing a issue with child maintenance, my son is 4 and lives with his mum in Switzerland I returned to uk a broken man cause of how i was treated by my ex and had to focus on rebuildning my life.

Problem is the swiss court set my payable amount on a untaxed wage agency wage they expect me to pay 560 pm in maintenance ive been paying 200 as this is all i can afford on min wage 7.50ph I did argue that uk is paid very low amount compaired to Switzerland all I got was this is the min amount in Switzerland.

Please any advice or a point of contact lawyer wise would be great.

as you can imagine this is hugely stressfull and im a bit lost I dont want them to say no contact due to lack of maintenance my son means the world to me and i feel i have been incredably cheated on by the "System"
I cant live without my boy in it and i cant live if im going to be running up debts cause of this amount

so any advise is great advice
thankyou

Andy

ChildSupportLaws Editor 10/08/2017 at 3:12 pm

We cannot predict what the court may decide as it will always decide upon what it thinks is in the best interests of your child. However, if you show you are willing to have a good access agreement in place with the father, then a court is unlikely to try to prevent you from trying to move on with your life.

Hol 10/08/2017 at 7:17 am

My mum is moving to Spain at the end of next month, I really would love to go with her, I think it's such a better life style for my son to be bought up in aswell, I'm 21 and I've tried to speak to his dad but he thinks it's unfair on him etc! So I know it would have to go to court, how much of a chance will I have?

ChildSupportLaws Editor 04/08/2017 at 11:36 am

I am sorry to hear this. Your cousin's only recourse would be to seek legal advice from an international family law solicitor, as it is beyond our remit to advise due to the complex nature of the case.

Jan 03/08/2017 at 8:22 pm

My cousin's wife of over 10years recently had a set of twins who are just a little over a year old. The twins were born in india and my son has been a good father and partner and because it was a difficult pregnancy and childbirth and outside the country he have had to spend most of his savings and the constant travelling and worry made him loose his job. He left his wife in India and she experienced some difficult times which made her upset and slipped into depression. Her family made a fuss and got her back to come to the uk in order to seek medical attention and she has now heartbreakingly abndoned tge little babies in india and also abandoned the husband and moved in with another man. My cousin had applied for divorce and he wants sole custody of the children. What are his chances especially with the children being out of the country and also considering their ages. The poor little things have been left in care of our extended families. We believe she had acted irresponsibly and the court's should grant us custody of the children but not sure how it would work out with the children still outside the country. Thank you

ChildSupportLaws Editor 03/08/2017 at 11:25 am

Regardless of where your partner lives in the world, or whether he sees his child or not, he is still classed as responsible for financially supporting his child. The document via the link here contains a list of countries with Reciprocal Enforcement of Maintenance Orders (REMO) for decisions made by courts in the UK.

FC03 01/08/2017 at 7:17 pm

Hi,

My partner and I are moving to New Zealand, he has a child here in the U.K. From a previous relationship. He currently pays through the CSA (it is not court ordered payments)

I want to find out if when we move will he still be made to pay? As we have seen conflicting information

Thanks in advance!

ChildSupportLaws Editor 28/07/2017 at 2:33 pm

No, by law you will still be responsible for financially supporting your child regardless of whether you have contact or not.

Adam 27/07/2017 at 2:33 pm

My ex lives in south east England. I'm about to love to Scotland and have no contact with the child. Will my maintenance payments change if I'm living in Scotland so far away from the child. Thanks

ChildSupportLaws Editor 18/07/2017 at 10:35 am

Much depends upon whether your partner and his ex have a family-based arrangement or pay via CMS. You could possibly request a special expenses variation

Kat 17/07/2017 at 11:40 am

My fiancés ex is planning to move to lanzarote in September with his 2 kids, the kids want to go so we will support them however want legal binding visitation rights, we hope to visit once a month or fortnight but worry if able to afford it financially. Are we able to reduce maintenance paid to compensate for travel and accommodation fees for the kids?

ChildSupportLaws Editor 30/06/2017 at 4:00 pm

It is highly unlikely your ex would have a case. There is no way the law would take your chidl from you and move her to a different country. The law will always decide upon what it thinks is in the best interests of your child and uppermost is continuity and stability. You have little to worry about - it sounds more like empty words.

ChildSupportLaws Editor 29/06/2017 at 12:11 pm

You can claim via Child Maintenance Service, here . Or if he lives outside the UK, you can contact the Reciprocal Enforcement of Maintenance Order (REMO) Unit via which

Nat 27/06/2017 at 5:07 pm

Hi,
I am a motherof a nearly 5 year old daughter. Her father has only contributed 1one payment of £125 in all those years. He travels back and forth to America on a visa and is still not contributing despite saying he intends too. I cant afford court fees and i earn over the wage stated approx 27, 000. Is there any way this can be sorted without me having to pay court fees and somehow direct them to him? Thanks

Emsoo 24/06/2017 at 8:53 pm

Hi I am a Uk resident and so is my 5 yr old daughter. My ex her father moved back to America 4 years ago and since then has send random child support and has not come to visit her. I have however sent pictures and updated him regularly. I recently filed for child support and his reaction was well now I'm filling for custody. Can anyone tell me if this is possible? My daughter has several medical problems and obviously has treatment here in the UK so how would custody work with him there and us here?

ChildSupportLaws Editor 15/06/2017 at 4:24 pm

You cannot make an independent decision regarding this matter unless you are over 18.

ChildSupportLaws Editor 12/06/2017 at 11:49 am

You may wish to seek legal advice about drawing up an agreement. You can do this through mediation or a solicitor. This will allow you to come to an agreement on visitation rights also and/or other clauses if required.

AL 11/06/2017 at 10:35 pm

Hi

My partner is taking our daughter to Switzerland to live but needs a letter from me (resident in the uk) to say that's ok. It says I need a notary to witness that permission letter but what do I put in the letter?

Smillie 08/06/2017 at 10:34 pm

My parents are moving out of country but I do not want to go are there any laws meaning that I can stay here or do I have to go with them

ChildSupportLaws Editor 01/06/2017 at 1:42 pm

You will need permission from the father to move out of the country with yours and his child. If you move without his consent, you could be charged with abduction. If your child's father refuses, you would have to apply to court for permission. First and foremost, a court will always decide what it thinks is in the best interests of your child.

Texasbrit 01/06/2017 at 5:27 am

Hi, I'm from the U.K. But am currently in a relationship with someone in the USA. My divorce from my husband ( whom I separated from many years ago) will be finalized in the next 30-60 days. I am very keen to move to the USA with my son and his father in the U.K. Has agreed that I could bring him with me. In order to do that I was advised I would need to get legal written permission from his father which he is happy to do. Could you tell me please how I go about doing this or who to go to? Everyone involved is very amicable and in agreement we just need to make sure we are doing everything legally the right way in order to move forward. Any advise greatly received thank you

mon 01/06/2017 at 1:21 am

Hi my son is 18 months old and I have been a victim of domestic violence for last 4 years but did manage to get some courage after my son was born and reported it to the authorities and the police. At present I have have left the house with my son as my husband is more bother in his parents then us. My family lives in Canada. Is it possible to move there with my son. Or will need a permission from my husband to move there permanently. My husband wants me to make make private arrangements for his son as he is under Domestic violence but I refused. Is it possible to take my son Abroad or I wil need permission from hi.

B 27/05/2017 at 9:43 am

Hi my ex husband is from and lives in Coventry. I returned home to Ireland 2 weeks ago with our 8 year old which he allowed when our marriage broke down I don't work and have no money which he knows but still refuse s to pay me maintenance .
Can you tell me how do I go about applying please .

BRD78 Editor 24/05/2017 at 11:25 am

@Airfix - the document held by the solicitor doesn't really hold water as a legal order (if it hasn't been overseen by the court). But if (through disagreement between you and your ex) the matter goes to court, it will show to the court that there is/was an agreement in place and what the terms of the agreement are. The court will take this into consideration. You're best seeing a solicitor re; this once you know which route your ex is going to take. If she goes straight for a REMO, Reciprocal Enforcement of Maintenance Order, then it will be up to you to try to challenge it through the court, based upon your former/formal agreement...if that makes sense! Ben.

BRD78 Editor 23/05/2017 at 12:29 pm

@Airfix - It is the judge who will make the decision on the basis of what he/she thinks is in the best interests of your children. If your situation has not changed, then the court may not allow this matter to be heard. A US lawyer might come in with a hammer approach - but it doesn't mean they will be able to get the order changed. If there has been no change in your financial circumstances, then they'll have to come up with a good reason. You can use the reason that your ex has got what she wanted and now wants to change the goalposts. You can only get a variation on an order if there has been a variation in the situation! Regards, Ben.

Airfix 22/05/2017 at 4:06 pm

Thank you so much for response. The circumstances have only altered on so much as her husband has received a promotion and pay rise since their move. Mine are unchanged. Does the American court have the say in this matter or would it be a UK matter given the nationality of everyone involved? Thank you in advance!

ChildSupportLaws Editor 17/05/2017 at 9:53 am

First of all, if your ex is not paying child maintenance currently, then what have you got to lose by making a claim via CMS? If he quits his job then he will be shooting himself in the foot as he will have nothing to live on and he is unlikely to receive benefits. It sounds to me like this is a veiled threat - but whether he would carry it out is a different matter. You can apply to the courts to leave the country and if you cannot afford legal representation, you can self litigate. Litigants in person MUST be treated equally before the law and have equal access to justice. Judges have a duty to ensure a fair trial by giving them due assistance to achieve this. If you are on a low income, you also may get a reduction in court fees. A judge will always decide upon what it thinks is in the best interests of the child, but it is unlikely to stop a parent moving on with their life. If you show that you are willing to let your ex see your child and show that you are willing to negotiate access (supervised or unsupervised) there is no reason why a court will not allow you to move back home if you can justify your reasons and reasons that will benefit your child.

EUMama 16/05/2017 at 11:25 am

Hi, I've got an 18mo baby. The father has been abusive to me, the last time the Police got involved and he is currently on bail for assault, waiting for trial. He also drinks a lot and is far from a responsible dad. However, he is obsessed with taking our baby from me.
He is British, I'm an EU national. He has told me numerous times he won't let me move back home with our baby. I am financially vulnerable here, I know he won't pay CSA - he already threatened to quit his job, I know he is capable of doing it. I have limited savings.
If I apply to court and we have no residence or contact order but I can prove I've got family back home, a place to live, better job opportunities and better environment for my baby and having in mind the father is chased by social services for his drinking and they want only supervised contact with the child...Then will I have any chances in court? I heard such cases take years and are extremely expensive... Thank you in advance!

epochery 12/05/2017 at 4:24 pm

I live in Australia and I have three children who live in the UK with my ex wife. When we divorced in 2012 we indicated the care of the children but there was never a court order on residency. I moved to Australia at the end of 2013 and although i wanted to have the children here with me for a period of time, my ex wife objected so it never happened. My children are coming to see me later this year and my 17 year old son wants to stay here with me. I understand a child can leave home at 16, does this also mean he has the chouce of where he wants to stay as his mother seems to think he cant until he is 18. I have not raised this with his mother because i am worried she will cancel the trip. I also have 2 daughters one is 12 and the other 8, if either of my girls wants to stay with me what is my legal position?

LisaB 04/05/2017 at 10:34 am

I am not sure what how where etc with my sistuation

I am living in zimbabwe, looking after my folks here, i have been here with my daughter for 6 years since she was born, we are both British citizens! Her father left when she was 3 months old, i have recieved little help for the first years then non for 5 years, currently i have no idea where in soun africa he live if even in south!

My issue is that i can leave zimbabwe with out his permission as he is on my daughters birth certificate and need permission to relocate to south or canada! The situation here is getting horrible and hard! I need a better life for her but i can move! Someone spoke to me about getting sole gaurdianship?

But how do i do it through the uk courts? And how if i dont know how to find him?

ChildSupportLaws Editor 02/05/2017 at 12:03 pm

It is highly unlikely any court would rule to separate the children from their primary carer and/or uproot them from a secure home environment unless absolutely necessary. A court will always decide what it thinks is in the best interests of the children and that is stability and consistency. However, access may be awarded if it is currently being refused in the way of holidays etc. But it is impossible to predict as much depends upon the surrounding circumstances.

ChildSupportLaws Editor 02/05/2017 at 10:24 am

You don't say whether you have a previous child maintenance agreement in place already via CMS which makes it difficult to advise. Plus, you don't give the basis/reasons why your ex is taking you to court. If she is taking you to court regarding child maintenance issues, then the court will put an order in place and if you have any arrears based on CMS payments, then you will be required to pay these arreas. If your ex wishes to have a court order for child maintenance in place rather than a family-based arrangment (because you live in another country) then this is her prerogative. As child maintenance and child contact are separate issues, if your ex refuses child access you too would have to apply to court to request that a contact order is put in place.

Dee 02/05/2017 at 7:38 am

Hello.
I'm seperated from my son's mother ( not married) , she's Hungarian. She wants my permission to give my son a dual nationality on his passport . My son was born in the UK and my name is on his birth certificate.
If I agree to this , does this give her any added rights to take my son out of the country?

Pb 01/05/2017 at 6:50 pm

I am a citizen of the United STATES and my wife move to England where she is a citizen and has since filed for divorce in the UK. Will the courts recognize me as their parent and give me any legal recourse to have the children with me in America? She is refusing to mediate a resolution for the children long term before the divorce is finalized which is not the way it works in America as the matters are resolved in the divorce process.

Danny86 01/05/2017 at 4:58 am

Hi! I've recently moved away from my ex as she had many controlling issues and never let me be a dad when we were even together. I'm now living in Canada and she is in th UK but she is refusing me any communication with the kids and will not help out the situation of any contact with my boys. They are only 7 and 4 and she has said if they want to contact you they will. Now sending money back isn't cheap but I still pay bills there so I send amonthly payment to a family member that lives only a mile away from her and she is refusing to pick it up and wants to take me to court here. I really need help with thisand have no idea how to get her to see Sense that the boy's need there dad and the money is there for her plus savings for the boy's accounts

ChildSupportLaws Editor 26/04/2017 at 2:39 pm

Even if your ex is not registered on your son's birth certificate, you would have to gain consent from him to be able to move with your daughter from the UK. If your ex declines, then you would have to apply to court. We can't predict what a court may decide - but it will always put the best interests of your children first.

RedKat 25/04/2017 at 11:19 pm

I'm looking to move to Canada with my 2 children my ex is on our daughters birth certificate but not our sons. He hasn't seen the children in 7 months and only pays £50 a week every now and then. How difficult would it be for me to move ? I want to be with my family and give my children a good life and education

rt 24/04/2017 at 10:34 pm

Hi, my ex who is the father of my children will be starting a job in scotland soon, will csa still be able to collect maintenance from him. We are both British Citizens and don't know if his job will affect csa payments.

0righhtsSeperatedDad 22/04/2017 at 2:13 am

Hi All,

Can someone please advise me of what would be a reasonable monthly payment for two childeren 13, 8. The Mother and her new husband both work - and I don't want to subsidise their new house, new car etc, I want to pay my contribution to my children and not a penny more!
CSA wanted £1050pcm which is more than my mortgage. We came to an agreement OUTWITH CSA £650. However I have since re-married and she has 3 children, We do not have an open case with CSA.

I have cut her down to £350pcm as I feel that is ample to feed and cloth my children each month, cupled with the fact that her and her husband both have decent jobs, She can pay for her own house and fancy designer clothes. I was fed up being taken to cleaners from HMRC and CSA - Deducting 60% of my pay!

Secondly I now work in Dubai, and now live in Spain as was fed up being abused by UK Goverment. I am now a UK non-resident, non UK Tax payer.

All I am asking for is a reasonable figure - my kids wear normal clothes, and eat normal food -

Anyone who could provide a breakdown would be welcomed as to illustrate why it should cost more.

ChildSupportLaws Editor 21/04/2017 at 11:20 am

If you wish to apply for child maintenance, then the Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally. You would have to check whether the Phillipines is on the member-country list

Raiza 20/04/2017 at 4:43 pm

Hi,I' been separated with my husband for 5 years, and my husband is now living in the philippines, We have a 7 years old son, me and my son are both british citizen,,We are still legally married and we married in the philippines, I havent file a divorce yet, my husband is working in the Philippines and living with somebody else and not supporting my son, Can I file a case against him for not supporting my son for 6 years? and what case can i file against him. thanks

ChildSupportLaws Editor 18/04/2017 at 9:51 am

If you are on a dependent/family/spouse visa, then as per the terms of the visa you have to tell the Home Office when you divorce or separate from your partner, and here. If you cannot extend your visa and have to leave the UK, you would have to request consent from your husband to take your child out of the country. If your husband refuses, then you would have to request permission through court. If you take your child without written authorisation from your husband, it can be classed as abduction. I can only suggest you seek independent immigration advice or legal advice with regards to your present situation and in order to explore your options.

Love 17/04/2017 at 12:17 am

Hello,please enlighten me. My husband and I ( I'm an Asian) have 5 year old daughter who is already goes to school here in the U.K. Now, I want to separate with him because his emotionally distressing me and we are having a hard time living together. I've been here since 2013 same year with my daughter. My questions are 1. Will I have a problem staying in the uk if I will separated a house with him but we are not legal separate? 2. Would I be able to get my child and live with me and transfer her to another school? What are my rights as mother with a British child who is not a British citizen?

Jemima 14/04/2017 at 10:21 am

Hi, my child's biological father has moved to America. My child is 6 and his father has never paid child maintenance nor contributed financially in any way. I wondered if he actually can move that far away. He has married a woman there. Can I still apply for maintenance?

Bijlia 10/04/2017 at 7:41 am

I moved to Uk in Dec, 2010. My husband and my 6 months daughter were my dependents. In 2011 I had another baby boy. My husband has very voilent attitude and have extra-marital affair with dozens of other women. He has always been hitting me and I have been subject to extreme domestic voilence by him. Even my innocent children were not safe from him. In 2015 we were separated and then he never bothered for children food/ clothing/ schooling. Now after 2 yrs he has reached to court to meet the children. Whereas previously he never cared for any of the child. He is a very voilent, low education, low mentallity, sick mentality person and he wanted to raise my SON a rapist (just like him). Whereas I want to let my children get proper education and become good citizens. Please help me in this regard. Please do let me know about the legal aspects of the case. My ex-husband (with whom I am separated in 2015) has no more legal way of staying in UK other than to use dirty tactics as he is approaching court to meet the children.

ChildSupportLaws Editor 06/04/2017 at 12:01 pm

A parent must get the permission of the other parent or from a court before taking the child abroad. If a parent attempts to take a child abroad without the appropriate consent, they can be charged with abduction

RD 05/04/2017 at 7:08 pm

Hello. My fiance lives in the UK and is moving to my country. He has a child in the UK. He would like to bring his child here for extended holidays but the child's mother is forbidding it. She also wants to them to cease all contact. Is he able to bring his child here for holidays without her consent?

ChildSupportLaws Editor 03/04/2017 at 12:39 pm

If your partner has parental responsibility, you would have to apply through court to move from the UK. As highlighted in the article, taking a child from the country for longer than one month without the consent of the other parent is classed as abduction. If you have a fear that your ex may keep your child without your consent (if he has parental responsibility), you would have to apply for a residence order through the courts

Monica 02/04/2017 at 2:34 pm

Hi there.
I've left my partner as he is very violent and abusive. He once hit me as well. I've tried to have an amicable split because we have a 6 months old baby but he keeps calling me and threatening me saying I need to die and calls me all sort of names. I'm terrified by him and I don't want him to see my daughter as I don't trust him. He gives me no money and it's financially hard for me . How can I get full custody and can I take my daughter abroad in my home country?

Shelby 29/03/2017 at 2:08 am

My ex recently moved to U.K. from Bermuda. He has never paid child support & since I'm in GA, United States, the laws didn't allow me to file. Now that he's in UK, being a Bermudian citizen, am I able to finally file for maintenance?

ChildSupportLaws Editor 27/03/2017 at 11:01 am

Much depends upon whether the letter of authority was consenting to take your child from the country on a temporary or permanent basis. If your ex consented to you taking your child from the UK on a temporary basis and you have not returned to the UK, then he will have recourse to take the matter to court. A court will then decide what it thinks is in your child's best interests and whether by not returning to the UK, you have committed abduction. If your ex consented for you to take your child on a permanent basis and is now trying to retract his consent, it is less likely a court would rule to bring you home. I suggest you seek some legal advice.

Rads 26/03/2017 at 12:20 pm

Hi,
My son is 3 months. I'm Australian and my husband is British but he has no family in the UK. Our baby was born in the UK. When baby was 1 month old, my husband had an affair and now our marriage has broken down.
I've taken my baby to Australia to be with me and my family. I have a letter of consent (which he signed out of guilt) but he is now saying to bring his son back and that he will fight me in court to keep my son in the UK. I have no family in the uk and it is in my child's and my interest that we move to Australia. Can I take my son to Australia permanently?

ChildSupportLaws Editor 16/03/2017 at 10:57 am

The person who is the day-to-day primary carers of your children is the person likely to be given continued residency of your children. However, if care is shared, then a court will always make a decision based upon what it thinks is in the best interests of your children. Therefore, it makes it impossible to predict what a court may decide. You would have to prove why it is in their best interests to return to your home country. Your husband would have to try to prove why it isn't.

Lapa 15/03/2017 at 12:15 pm

Me and my husband we r from poland and living and working in uk for last 9years. We have kids 3y and 5month old, we decided to get divorced and i want to go back to poland, but he want to stay in uk and we both want kids with us, kids have uk passports and they r registered at address in poland. If we take it to court does it have to be one in uk or Poland and who's most likely win this? Thanks

ChildSupportLaws Editor 13/03/2017 at 2:14 pm

It is very much the same process if you decide to relocate abroad, you would need a letter of consent. If you want something of a more official nature and wish to simultaneously agree access terms, mediation may be the way forward. If your ex refuses, then you would have to apply to the courts for permission.

ChildSupportLaws Editor 13/03/2017 at 12:29 pm

The Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally, I hope this helps.

Tucker 12/03/2017 at 7:55 pm

Hi am wanting some advice i have a daughter to my ex husband I am now happily married again and also have a child with my new husband he has been offered a new job in Spain and we would love to take the opportunity my ex husband has very little contact with my daughter and has had about 6 hours contact in the last year he has already given us written permission to move to our new home in the uk and did not wish to fight it how do we go about moving abroad

Any advice would be great thank you

Tania 12/03/2017 at 1:44 pm

My child's farther has moved perminatly to New Zealand. I have no contact with him or any idea where he lives. Can I claim any child maintenance from him & if so, how do I go about it?

Doughball 01/03/2017 at 7:21 pm

Hi, If a parent (mother) leaves her child with the x boyfriend (Dad) who is biological father but not on BC and not married, then comes back for the child and takes the child would this be classed as kidnap.???? thanks

ChildSupportLaws Editor 28/02/2017 at 2:29 pm

If your ex has parental responsibility, in the first instance you would have to attempt to contact your ex to request permission. If your ex does not give permission you would then have to apply through the courts. Specific Issue Orders are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues parents can't agree on, such as taking your child to live abroad on a permanent basis. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.

S 27/02/2017 at 11:32 pm

Hi, I was wondering how I would go about gaining permission to move my child abroad if the father hasnt had any contact for 4 years? Is there some kind of form I need to apply for or do I go straight to my local law centre/court? I know he wouldn't give his rights up and I wouldn't want to really try to contact him. I'm unsure what I need to do so any advise would be appreciated :)

ChildSupportLaws Editor 27/02/2017 at 11:36 am

If the biological father has parental responsibility, then consent would be needed. However, if he refuses, the matter would have to go through court. It is unlikley a court would refuse if the biological father has little or no contact with the child. Only in cases where there is a strong day-to-day relationship with the other parent and it would seriously fracture the relationship, or where the courts deem a move not to be in the best interests of the child, may the court be likely to refuse.

ChildSupportLaws Editor 27/02/2017 at 10:50 am

You can see more about harassment which

Beard 26/02/2017 at 11:30 am

Hi. We want to move from UK to Germany with our 7 year-old. The (previously abusive) biological dad lives in another UK city but hasn't seen him in the 3 years since we left there, hasn't paid any maintenance, and has shown no (sober) interest in contact. No official custody case has ever been pursued from either side. We're wondering what steps we'd have to take to move. We anticipate that he'd block a request, but are unsure what grounds he'd have given the history.

Natalie 26/02/2017 at 8:58 am

Me and my partner are going through a divorce. We were married for 12 years and it was an arranged marriage as we are asians living in England. His family has been very controlling of him and our Marriage ended after he abducted our son under the influence of his family. He has currently got supervised contact and keeps pushing for the contact to extend to his family. His older brother has mentally abused our son by saying things to him a 7years old child should not know. He stopped him in a mall yesterday and My son saw his uncle and father and want to Give his father a hug. I was shocked and disturbed as they had followed us there.
Can I get a restraining order against my ex husbands brother towards my son. I don't my son to cross paths again with his abusive intimidating uncle.
Please advice
Tia

ChildSupportLaws Editor 14/02/2017 at 2:13 pm

It's likely the Republic of Ireland will remain on the list of REMO countries, which span the globe.

Bobby25 13/02/2017 at 7:07 pm

Where does the law stand now because of brexit( not being part of the E.U)when filing for a Remo 8 when non paying parent lives in the Republic of Ireland, is there still a case for child support

Geff 26/01/2017 at 10:04 am

My Wife is moving to the UK for work, we have a small child that she will move to. am required to give details on care arrangements in place of the child. in my option, i will be giving monthly financial support to the child. is this answer enough or i need to give more details? kindly advice and maybe give example

Thank you

ChildSupportLaws Editor 19/01/2017 at 12:32 pm

You may wish to try whichIf Dubai is not one of the member countries, please check here, then court would be your only other option. However, you would have to seek legal advice as due to the costs involved you would need a strong case.

Chicken 18/01/2017 at 5:07 pm

Hi my ex works in dubai he hasn't paid maintenance for the last 3 years . He as managed to pay off his morgage to his £ 345000 house . He returns to England permantly April and earned enough to retire . Is it worth me going to court to get some sort of order for maintence for our 12 year old ? Thankyou

Sarah 11/01/2017 at 6:43 pm

Hello I need some advice so my child father not seen my daughter over a year and not pay a penny for her for her 4 years of her life and I want to move abroad How do I go about it

Juzzy 09/01/2017 at 7:23 am

Hi. I'm planning on moving to Republic of Ireland but still wish to regularly come back to England so see my son, without issue from my ex, how do I go about making this legal agreement so she doesn't
Can't stop me Still seeing my son?

ChildSupportLaws Editor 05/01/2017 at 12:03 pm

Your partner is responsible for supporting his child financially regardless of where his ex and child is living and/or whether he sees his child or not.

abbey82 04/01/2017 at 1:56 pm

My partner who lives in the UK had a child that was born in sweden. His never seen her but csa is now taking money out his wages. Is this correct now we are out of the eu or doe that matter.

US friend 31/12/2016 at 6:28 pm

Hello, my dear friend is a US citizen, resident in the U.K. for many years. Her 2 children were born here before her husband left her for another woman with whom he now has 2 more children. He pays the minimum and they are struggling financially. My friend wants to return to the US where she would have family to help, enabling her to work full time. The children's father will not give consent despite seeing them very infrequently. He now says he is moving to Spain but still will not give consent. Can he block them moving to the US even though he is abandoning them?

Ellay 23/12/2016 at 10:03 pm

Please note REMO is not for residents in Scotland. The information given is for U.K. Parents, but is incorrect. I know as I have been down this route .

ChildSupportLaws Editor 06/12/2016 at 1:44 pm

You still are legally responsible for paying child maintenance to your ex, regardless of whether she is in the country or not. If you stop paying and you are paying through the CMS, you will be liable to have to pay arrears. If you have a family-based arrangement, then you can stop paying and it would be up to your wife to pursue future payments. If your ex has moved from the country without your consent (and you have parental authority) then this could be classed as abduction, if she refuses to return, please see gov.uk which

Confused_father 06/12/2016 at 12:03 am

Hi there. I'm really stuck at the moment because my still wife keeps taking my son out of the country and threatening to stay in turkey. I have been paying child maintenance for over a year now but haven't seen my son in over 3 months. I haven't granted her permission to do this. She doesn't tell me when or if she's coming back. Where do I stand with paying maintenance please.
thanks

Nat 04/12/2016 at 9:29 pm

My partner is paying £500 a month in child maintenance payments for his children in the U.K.

He's also been regularly sending money to his sons mother Jamaica to support him via western union. Child maintenance don't recognize this child or the payments being made.

My partners 16 year old son has now been made homeless. He's now staying in his fathers old room. He will need more money sent to him to enable him to live as a independent. How do we get child maintenance to recognize the extra monies my partner is sending abroad? This child lives in a poverty stricken area and needs financial backing in the country he lives in. The room he's staying in will need a cooker, fridge, furniture, bedding, TV etc as the rest of the house is just an empty.

CBM79 Editor 30/11/2016 at 1:51 pm

@Benny - Child maintenance is paid by the father only. I don't think she has much of a case unless the court finds you are channelling money via your wife. Col.

Benny 29/11/2016 at 11:33 pm

Hi.

I am the father of two sons to my ex who is British. I am also a British citizen but I am now living in America with my wife who is an American citizen.

Due to my immigration process I am currently out of work until my work permit comes through.

My ex back in the uk has now said she is going to the courts and she is trying to get them to take money from my wife to pay the maintenance.

Is this possible ??

I'm not trying to dodge payments, as soon as I am working I am planning to pay maintenance but she doesn't want to wait.

Appreciate any advice.

Cousin1 26/11/2016 at 9:47 pm

Hi,
My cousin moved to New Zealand from the uk a few years ago. He got into a relationship and had a beautiful daughter together. Unfortunately due to his visa running out and there being unforseeable issues renewing my cousin has had to come back to the uk.
He had recently had a very Nast break up with his daughters mother who is now saying "you will never see your daughter again"
What avenues would he have to go down to get at least joint custody?

Chelsea 20/11/2016 at 5:42 pm

Hi my ex has give up her parental rights and my son now lives in Ireland with his Nan do I still have to pay child support

ChildSupportLaws Editor 14/11/2016 at 10:30 am

It does not matter if you were married or not, you can still claim child support if he is the father of your child.

ChildSupportLaws Editor 14/11/2016 at 10:25 am

In the UK, child support is based on earnings, therefore your ex may be exempt from paying. However, if his income generates earnings i.e through interest, or his assets (i.e rental income) then he will be eligible to pay. However, you would have to enquire whether US and Dubai have a reciprocal enforcement of maintenance order agreements of a similar nature. As we are a UK-based site we have knowledge of only UK-reciprocal countries, not US.

Tara 13/11/2016 at 1:11 am

Forgot to mention that we were never married.

Tara 13/11/2016 at 1:09 am

Hello,
I am a US citizen who had a child with my ex, who is a British citizen. My child was born in the states & has US citizenship. My ex has not paid me any child support & currently lives in Dubai. I know he is not employed, however he has many assets & bank accounts in the UK. Is there anything I can do to get child support? Thank you.

Noem 03/11/2016 at 2:01 pm

Hi I have been through and this present a lot fighting for my child's residency order against my x husband and now it looks like that in the future of me moving to Norway with my son will double the hassle , emotional and financial. He is strongly against the moving already. Can anybody tell me how much ideally will cost you to get to court and get removal of jurisdiction pls??
Thank you

bert 28/10/2016 at 3:27 pm

My ex wife and i split up in 2012. She was from USA initially (WA state) and wanted to move back therein divorce, to which i agreed. Maintenance has been agreed between us and has been paid at the agreed fixed rate in ever since. Now the exchange rate has dipped, the $ that my daughter receives has dipped dramatically. I can't afford more money .
Is it just unfortunate that the exchange rate has dipped?

any other suggestions.

Relations are normally OK with the EX but this is leaving her short in the money dept,

ChildSupportLaws Editor 24/10/2016 at 2:47 pm

If your ex applies for a PSO, you would have to justify why it was in your children's best interests to move abroad. The court will not definitely award your ex the PSO, it would weigh up both of your circumstances and reasons before making a decision. If your ex is just flatly refusing his consent, then you would have to apply to the courts for a Specific Issue Order, and likewise the court would decide upon what it thinks is in your children's best interests.

Sam 23/10/2016 at 4:44 pm

Hi, I am currently a teacher in the uk with 2 daughters (9 & 12). They see their father approx once a week. He works 50 miles away on irregular shifts. I would like to work overseas for a fixed period (2 years) as it would be financially better and would give all three of us a great opportunity. But my ex husband is flatly refusing.

He was charged with harassment of me during the divorce and I had to go to court for a prohibited steps order which is now a child arrangement order saying the girls reside with me.

Is there anything I can do to stop him from blocking this great opportunity?

Any help appreciated thanks.

ChildSupportLaws Editor 21/10/2016 at 2:03 pm

If you are living in the UK, you would have to contact the Reciprocal Enforcement of Maintenance team directly

aa 20/10/2016 at 11:37 pm

Hi
please can somebody help me, am struggling a lot in my life, am separated from my husb and he is not paying any child maintenance since 5 years. He lives abroad and he is jus running away from his responsibility. I don't know what to do and how to claim the child maintenance. I don't know if he is working abroad, I want to know if he is not working abroad, is REMO will be able to get money from him to pay the child maintenance. please help. thanks. am just stress. he is just enjoying his life and spending everything with his family and friends. please I need advice. thanks

Charlie77 Editor 07/10/2016 at 1:48 pm

@Suey - can't you just apply to have her name and your name changed by Deed Poll and move? If you don't know where your ex is in order to contact him, then you can apply through the courts for the name change without his consent. Also you might be able to apply through the courts to have his parental responsibility removed, if you can prove your concerns are valid.

Suey 06/10/2016 at 10:42 pm

Hi, Long story cut short. I found out through the UK police that my foreign husband was a prison absconder who committed a serious crime with a different name. I lived with him and his lies from 2008 to 2012, once I found out the truth I stopped all contact with him. We have a daughter and his name is on the Birth Certificate. I and my daughter are both born and bred British Citizens, she is now at risk of possibly being kidnapped. My solicitor has said not to worry as he would need to apply to the courts here in the UK for anything to do with my daughter but I have noticed you can apply for a copy of a birth certificate from abroad. I am worried he will try and do this to obtain fake documents for her. I do not know if his surname is real, I know now that he paid a lot of money to get to the UK originally illegally. Can I protect my daughters birth certificate in any way or get the surname changed on there to protect her. I know I can apply for a Child arrangement order and a PCO but if he gets hold of her birth certificate, I know he will try and kidnap her. Thank you in advance.

ChildSupportLaws Editor 06/10/2016 at 11:21 am

Please see the Reciprocal Enforcement of Maintenance Order (REMO) whichI hope this helps.

Jane 05/10/2016 at 1:57 pm

We hold a Special Guardianship order for our two grandchildren, we moved out of the UK to another EU country with the court permission to remove the children from the uk. The childrens father used to pay child support on a voluntary basis but has now not done so for 18 months. The childrens mother never contributed at all. Can I get a crossborder agreement to force them both to pay. Thankyou.

Livvie Editor 06/09/2016 at 1:56 pm

@madkat - you can move abroad without his authorisation as it's not like he could prosecute you for abduction, especially if you are moving to the country he actually lives in!

madkat 05/09/2016 at 9:05 pm

long story-my ex is british, we moved to france 4 years ago but he only stayed for 4-5 months before he went back to the UK and met someone else. He has now moved to the USA and we dont know where he is and he has remarried. He has PR over my youngest daughter but we now want to move to the USA too as i have met someone and we wish to marry. We have lived in France for 4 years now so the UK has no jursidiction over my child. I have no idea how to contact my ex so how do I move the states legally without his permission? He hasnt seen my daughter in over a year and a half, provides no maintenance for her and has no contact at all since he remarried

mummy22 02/09/2016 at 11:24 pm

I have two children, the eldest is my ex husband's the youngests biological left when I was 3 months pregnant, so not even on the birth certificate. The ex husband had taken parental legal right of my life youngest as he had no father. I am moving out of the country with both children. My ex husband has given consent to take both of them, his biological and my son who he has parental legal right over, out of the country. Could the biological, at any point, turn up and request I return to the UK with his biological son? Thanks

jf 02/09/2016 at 11:25 am

May I advise I feel part of this article is slightly misleading. Were it suggests 'if there is no order they can ask child support authorities in the foreign country to make a maintenance order for them'.
The father of my child lives in Florida, I live in the UK and we had a mutual arrangement for child support. However he has failed to pay the child support for the last 4 years. After reading your article I contact Florida Child Support who informed me that I could not make a maintenance order with them as I don't live in the country. It appears I will have to apply for a court order in the UK and request REMO contact Florida Child Support.

Misse 31/08/2016 at 11:49 pm

Hi, I have three children with a man that I was never married to. I have always lived with my children and taken care of the children on my own. The man has now relocated to the US. I wanted to find out how Do I go about to have custodianship which allows me to travel anywhere with the children without the fathers consent since he is on their birth certificates. I understand there are some countries which require the fathers affidavit when I want to gain entry and this is going to be difficult for me since the father is now based in USA

Concerned 29/08/2016 at 6:15 pm

I live in the UK with my wife who is a British citizen. I have lived here for 5 years we have been married for 6. I took and passed the life in the UK test and I was granted indefinite leave to remain in 2013. would like to apply for UK citizenship however my USA passport was taken during a visit to the US embassy in London due to arrears in child support payment. I have a Biometric card showing I have indefinite leave. Can I use this to apply for a British passport or will they require my US passport which I no longer have.

USmum 27/08/2016 at 7:09 pm

I am a US citizen living in the UK with my English husband for the last 5 years. I have a 5 year old son born here and I am now pregnant with another child. Our marriage has been dissolving for the past few years, and now I wish to file for divorce and return to the US so I can I have the support of my family during the remainder of my pregnancy and give birth in the US. My husband will not allow me to take my son abroad with me and he says he has the right to refuse all visitation to the US, basically if I leave I will never see my son again. I'm scared to leave and scared to stay and have another child in this custody debate. I am not a UK citizen, and in the event of a divorce I lose my Visa here and have to return to my home country. Can my husband refuse joint custody? Are custody agreements in the UK enforced in the US or vice versa?

ChildSupportLaws Editor 19/08/2016 at 1:48 pm

Regardless of whether you are on the birth certificate or not, you can still apply for access to your child and parental responsibility if you choose. However, if you do not currently have PR, then it would make it more difficult for you to apply for a Prohibited Steps Order which would allow the court to decide whether your ex should be allowed to move away. If you are not on the birth certificate, then you have no current parental responsibility rights (which means your ex does not have to request your consent). I therefore recommend you take some legal advice to explore your options. As a positive, because your son is now 14 his opinion will also count in the court with regards to access etc, meaning if your son wishes to maintain a relationship with you, the court will seriously take on board his preferences (regardless of the mother's opinion) and decide upon what it thinks is in his best interests. I hope this helps.

Thejoysoflife 18/08/2016 at 5:37 pm

My son was born in Oct 2002, I'm not or ever have been married to his mother, I'm on the birth certificate however because of the law changes I do not believe I have much rights. There Is also no written parental agreement by a court either.

His mother wants to move to southern Ireland with my son. I've been prevented from seeing him because I'm not part of their religion ( which I don't need to go into) and my son has taken his Mothers idea

I've been paying maintenance every month since he was 2 and he's now 14 in October.

What are my rights in view of him moving to southern Ireland and being prevented from seeing him and child maintenance?!

ChildSupportLaws Editor 17/08/2016 at 10:19 am

As specified in the article, you need to ask for consent if the father has parental responsibility. If the father refuses, you would have to take the matter to court. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of PR. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as taking the child to live abroad on a permanent basis. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.

heart101 16/08/2016 at 11:49 am

Hi, I currently live in Leicester and have 2 boys. I am not with the fathers of the children anymore. My parents are moving to Cornwall and want me to move with them, which I do want to. I have had permission to move from one father, but I know i will have trouble with my youngest sons father. I am not sure what my rights are in regards to moving with my children? Thanks

ChildSupportLaws Editor 04/08/2016 at 2:02 pm

Indonesia is not one of the listed REMO countries where a Reciprocal Enforcement of Maintenance Order can be enforced. You can contact the department here to see whether Malaysia has been confirmed.

MRSY 03/08/2016 at 8:53 pm

My ex partner has married an Indonesian woman and moved to Indonesia. She owns a camp site and he now runs it with her. He pays me no mainteance at all toward bringing up his child. And as I know his wife is supporting him in Indonesia, the business is now joint. How do I enforce child mainteance by him now he lives in Indonesia? Any information on who to contact would be gratefully recieved. Kind regards.

ChildSupportLaws Editor 02/08/2016 at 1:56 pm

If the father has parental reponsibility, then by law you have to gain consent from your ex in order to move, as in essence you will be guilty of abduction. As specified in the article if your ex refuses, you can apply though court. It is advisable to take the legal route as the father's opinion and thoughts on this are viewed to be as valid as yours.

Swiftly 01/08/2016 at 9:26 pm

Hi my parents live in Southern Ireland and I want to move there with my girls I have been separated from their father for 6 she won't divorce me and lives with his new girlfriend in the uk I have a partner and we both have jobs to start in Ireland my father is terminally ill and I want to spend time with him do I need the fathers permission to take my girls to a better life he does not pay regularly and was violent towards me and is always saying spiteful things to our girls about me ? I just want to give them a good child hood and all the chances they deserve in life

ChildSupportLaws Editor 22/07/2016 at 2:03 pm

You don't say who issued the agreement i.e whether it was drawn up by a solicitor or mediator, or drawn up by your ex as a document of consent. However, you do not have to sign or agree to anything you do not wish to and if your ex wants to challenge this, his option would be to take the matter to court. Any agreement, unless issued through a court of law, holds no water as circumstances can change. I can only suggest you take legal advice. If you are not happy with your family-based child maintenance agreement, then you can apply for maintenance via the CMS. If you can't agree the terms of your separation between you or via mediation, the only other alternative option is through court. The court will then make a decision upon what it thinks is in the best interests of your child and you will both have to adhere to whatever arrangement is reached.

Jedi 21/07/2016 at 12:33 pm

I am a mother living with my daughter in the uk, her father lives in the Isle of Man, when I moved here the father reduced her money because he said he shouldn't have to pay for her if she isn't living here, he also said he will need to the extra money for occasional visits to the uk to see her oh and expects me to pay half of all flight fees and um fees if she should go over there to visit him, can I add he wants her to go over every half school term, I can't afford all these fees anymore because I have to maintain my child on the little amount of money he gives me. Also he gave me less than 5 minutes to sign an agreement I had not yet read about terms and conditions on me moving here regarding our daughter, I told him the agree doesn't stand in my eyes as I was literally forced to sign it having seconds to get on a boat to move here. So he wrote up a new one and sent me it, which I haven't signed. Can anybody help me please please please

ChildSupportLaws Editor 18/07/2016 at 2:24 pm

I am sorry to hear this. You don't say who is looking after your daughter while her mother is in hospital, how long she may be in, and how old your daughter is. While you could take the matter to court, a court will always decide what it thinks is in the best interests of your child and stability and consistency are high on the list of important factors to consider. This means if your daughter is young and has an established and consistent school/home life regardless of her mother being hospitalised, this will be considered more important than uprooting your daughter from her mother and/or caring relatives or friends to moving her abroad. However, if your daughter is older (over age 11) and dependent upon the closeness of your relationship with her, and the circumstances surrounding her welfare, then her view may be taken into consideration through the courts. You would need to seek legal advice.

Baba 17/07/2016 at 8:36 pm

My daughter lives in Glasgow with her mother and I live in The Netherlands. Her mother is currently hospitalized with mental health issues after trying to overdose. If I take it to court what is my chances of having full custody and bringing my daughter to The Netherlands!? We have only been deprecated a year and I pay full maintenance every month. Just not sure how living abroad comes into the equation however my daughter will be a lot safer here than with her mother.

Aa 05/07/2016 at 10:47 pm

I'm living in Ireland with my son who's father lives in Scotland. We went to court 3 years ago and he was ordered to pay maintenance. He has not given me a penny!! I have a solicitor who says the case has been handed to the Scottish authorities to deal with.. I am getting nowhere with this. Will he get away with never paying maintenance??? He sees his son on holidays and whenever he wants but yet refuses to pay. Please any help welcome I'm starting to give up hope .

ChildSupportLaws Editor 05/07/2016 at 12:28 pm

Child maintenance when a non-resident parent moves abroad can be organised via a Reciprocal Enforcement of Maintenance Order (REMO) order here. If you are currently paying through the CSA/CMS then the order will be re-assessed if your earnings drop by more than 25%, please see gov.uk whichYou don't say whether you have access to your child, but if you do and wish to maintain this then negotiation with your ex, mediation or court are the only options open to you. However, this would be better resolved in the UK, as once abroad international court costs etc would apply.

9654p 04/07/2016 at 7:31 pm

Hello. I am currently in a CSA arrangement for my son in the Uk of 16. I plan to move to Spain in September 2016. However I will not be working straight away, nor when I do start work will this be with a UK company.. I will only be working part time as a teacher. The pay will be very low and I am concerned as to how things will pan out. I have always done the right thing in the past and wish to continue that.. I do not have a great relationship with my sons mother and doubt very much that a mutual agreement could be arranged.. What would be my options?

ChildSupportLaws Editor 28/06/2016 at 11:09 am

I am sorry to hear you are unhappy. However, you cannot take the children back to your home country without your husband's consent as if you do, you may face charges of abduction. Your only option would be to seek legal advice regarding taking the matter to court and the court would decide what it thought was in the best interests of your children.

Me 27/06/2016 at 1:37 pm

Hi wonder if you can help, We have live in Scotland for 7 months with my family, I have a son of 9 years and a daughter of 4 years, ho is born in Norway and has lived in Norway soon all there life ., regret that we moved Hir i will return to Norway my husband refuses me to take the children, is there anything I can do to get with my kids whid me hope you can help

ChildSupportLaws Editor 22/06/2016 at 2:08 pm

You would have to contact the REMO Unit directly regarding this.

yas 21/06/2016 at 7:19 pm

Hi i live with my 2kids in uk and my ex partener is in belgium. I applied for remo childmaintenance since february 2016 until now i didnt receive anything and i dont know what is happen with my process.

ChildSupportLaws Editor 15/06/2016 at 12:09 pm

You can apply via the Reciprocal Enforcement of Maintenance Orders (REMO) unit here. I hope this helps.

Klare 14/06/2016 at 2:48 pm

Hi there I am a UK resident and have been since birth. I have a 7 year old daughter. My daughters father used to make regular payments to me for child maintenance agreed and arranged by our self's.
He moved to Canada 3 years ago and now he has more children has stopped paying anything towards our daughter. How do I go about getting a court to make him pay child maintenance?

jasfrank 10/06/2016 at 5:23 pm

I'm German but live in UK since 2 years I have a 13 year old son and the dad is German too but how can I get child support of him from here

ChildSupportLaws Editor 09/06/2016 at 12:53 pm

You would have to seek legal advice or contact the REMO helpline directly via the link here regarding this, as unfortunately this is beyond our remit to advise.

Redbullrobin 08/06/2016 at 8:59 pm

Hi there :) i am a uk resident and been living in uk since my birth .... My 6 year old son was born in uk but the mother who has poland residency and polish passport has lived in poland for last 5 years ( my son also has polish passport and polish residency ) as we split up .... Through polish courts i agreed and have been paying child maintenance to her in poland and i have seen my son on regular intervals all has been good ..... Now she wants to move to crimea which is supposedly part of russia now and it will be extremely difficult for me to make regular trips to crimea with all the un sanctions and i obtaining a special visa to enter country ...... As originally the polish court maintenance remo order is within the european union but mother taking my son out of european union to a country with un sanctions and outside european union am i still committed to having to pay the polish child maintenance order ??

ChildSupportLaws Editor 08/06/2016 at 2:21 pm

I am afraid I am not versed in Norwegian family law. However, as a rule child maintenance can only be claimed from the date the resident parent first made the claim. If the mother made the claim 14 years ago and you have been untraceable since then, or you have avoided paying, then she may have a case. I can only suggest you seek legal advice, especially if your court case is only a week away. You need to explore all your options here.

Mp 08/06/2016 at 3:47 am

Recieved a remo judgement from Norway regarding twins by an ex girlfriend, When she had them told me if i did'nt want to be involved to just go away and nothing was wanted from me, now have recieved a remo order backdated 14 years at high Norwegian rates based on income well above mine as i am a part time contractor. The demand is for about 80 grand and rising (more money than i have ever had) and judgement will be made in a local court here in the uk next week. Is this a fair demand and how can i have a fair assessment made as the local court can only enforce or reject the Norwegian ruling.

ChildSupportLaws Editor 07/06/2016 at 2:59 pm

You would have to contact REMO directly to ask this, I hope this helps.

Sue 06/06/2016 at 11:50 pm

Hi, my ex boyfriend have been paying child maintenance through CMS for the last 2 years. My ex left his job 2 months ago and not receiving any benefits, so CMS told me I don't get anything.

I recently found out my ex left UK, but don't know which country he's in. I know its very likely he won't be working for a UK registered company. I have no idea which country he's in- he could be working in Dubai, Hong Kong, Spain, Germany and/or Singapore.

His friends won't tell me where he is and I can't found where he is on social media. My questions are is there a way I can or REMO or the court can find out where he is so I can apply for a court order through REMO for child maintenance? I have 1 child with ex, so would it still be 12% of his salary if he's working abroad?

Unfortunately, CMS told me they can't help as he's not paying any UK tax through HMRC, but told me if he does come back to UK to work, it will automatically start again with CMS, so that's the good news.

I just want to know how I can get child maintenance through REMO if I don't know where ex is?

ChildSupportLaws Editor 27/05/2016 at 10:58 am

Maintenance cannot be used as a tool and you are legally obliged to continue paying this via the CMS. If you are concerned that your ex will not return you can apply for a Prohibited Steps Order which you could apply to stop the journey altogether or a Specific Issue Order which would put conditions on the journey i.e that your ex has to return. However, according to gov.uk while Thailand has signed the 1980 Hague Convention on the Civil Aspects of Child Abduction but the UK has not yet been able to enter into treaty relations with Thailand. This means the Convention does not operate between the two countries, Therefore, I suggest you take some legal advice to ensure you are properly aware of all your options.

Jonboy 26/05/2016 at 1:00 pm

I have a 10 year old daughter to my ex wife who is Thai.There is a court order in place for access to my daughter.I have a maintenance agreement set via CMO which I pay regular.
The court order states that each parent can take the child on holiday for a period up to 3 weeks but must give other parent details of holiday before travel.
Later this year,my ex wife will take my daughter on holiday for 2 weeks to Thailand.My concerns are she may not return,obviously this would be abduction.
I have a couple of questions in regards to the above

1.If this did happen.what actions would I have to take and who would I contact ?
2. I am within my rights to cease the maintenance payments until the child returned to the UK ?

wendy 20/05/2016 at 4:24 pm

I need advice.we are refugees in Irland. I applied for volunteer return for me and my youngest son. My other son does not want to return with me and want to stay behind with his father.

ChildSupportLaws Editor 19/05/2016 at 2:54 pm

Non resident parents are allowed to apply for a variation of expenses if they have to travel to see their children, from the CAB. However, there are requirements that he would need to fulfil in order to be able to apply.

V 19/05/2016 at 9:24 am

My ex has moved out of uk so the CMS can no longer deal with child maintenece payments. He earns extremely well and keeps a rented property and cars here in the uk. I have a court order for child maintenance however he is trying to reduce the amount by saying he needs help with his travel to see his children.

I believe that as it was his decision to move away then the children's maintenance should not be reduced to cover his bills, rent on the property in uk and travel from the country he now lives in.

Please advise

Many thanks

ChildSupportLaws Editor 17/05/2016 at 12:31 pm

I am sorry to hear this and this is becoming a more frequent problem where international relations are concerned. For you to have taken your daughter home with you, you would have needed your ex's consent, which leaves you in a difficult position of whether to stay in the UK or go home without your child. As you have chosen the latter, your only option is to seek legal advice regarding taking the matter to court. However, this will cost as international law does. Unless your access agreement with your ex took the form of a British court order, then there is little you can do to have this agreement enforced. Therefore, it means you starting from the beginning through the courts in order to regain access to your child. Had you have taken the matter to court before you decided to move, then you would be in a lot stronger position than you are now. I'm sorry to have to be the bearer of bad news, but legal advice is needed here as soon as possible in order to find out your options and rights.

Elle 16/05/2016 at 2:37 pm

Hi,
I recently moved abroad and I have two years old daughter with British citizen . We had quite rought split up and he refuses my daughter to come and live with me or even visit now . He made arrangement with his solicitor where he stated she will come and visit me regularly and now he refuses and I haven't seen my daughter almost two moths now . I work too and sometimes whole week I'm a row and I expected him to bring her to me as he promised. She has been visit me twice for two weeks and I have always brought her back to him to uk and etc , I wrote arrangement to him where he would see her regularly and etc but he is going crazy now by blackmailing me for few months now and I don't believe she can't see her mother just because she's born in Uk . He doesn't even want to FaceTime or send me pictures of her and he simply does not care like he says . Is that allowed ? I'm running out of questions and answers .
She have never been in danger with me or not being cared properly. He is doing that simply because I left him and I have tried to compromise with him of best interests of my daughter

ChildSupportLaws Editor 16/05/2016 at 1:00 pm

Latvia is part of Reciprocal Enforcement of Maintenance Orders REMO, In addition, if your ex has parental responsibility you would need to ask for his consent to leave the country with your children as you may be charged with abduction if you don't.

Kika 15/05/2016 at 8:37 pm

Hi
I'm mother currently living in UK with twin boys. Ex is paying child maintenance thru CSA . What happens if I move back home to Latvia ? Ex is living and working in UK.

Mai 06/05/2016 at 4:04 am

My husband was divorced in 2008. They are both UK citizen but residing in Singapore before the divorce. Ex wife went bank to the Uk when they got separated and filed the divorced in the UK and my husband remains in Singapore. She did all the processing which is all in favor to her. My husband didnt hire a lawyer at that time. They had one child staying with the mother. She gave him the proposed agreement in which he didnt even care to understand. And when he finally realized it, its too late coz its ridicously big amount.The amount stated on the divorce paper is $6,000 to pay monthly and he cant possibly sustain that since his income per month is around 7 to 10k. He didnt know how the ex wife came up with that amount. So he talked to her and agreed on child maintenance thru a private agreement.They agreed to reduce the payment to $3900 per month. They just agreed among themselves what the child maintenance amount would be. They did not include the court or CMS or the CSA. Which works out okay for both parties for quite some time however, after 8 years of paying so much my husband's circumstances have changed and he can no longer sustain that amount and propose to reduce it based on his income. But this time he and his ex are not in agreement.My question is, first of all, is the family-based arrangement of $6000 per month legally binding in a year 2008?My goal is to adjust the maintenance amount and achieve fairness for my husband based on his changed circumstances but quite difficult at the moment because we're in Singapore and ex wife is in UK. Please advice what to do. Thank you

ChildSupportLaws Editor 04/05/2016 at 10:50 am

If your ex-husband has moved abroad then this means the order may change because of the logistics of the move. The fact he has moved abroad complicates issues. While you or he could take the matter back to court for a variation, the courts will obviously take into consideration that he may not be able to adhere to the order as it stands and may relax the contact order, which I assume is not quite what you want.

London 03/05/2016 at 1:02 pm

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?

ChildSupportLaws Editor 21/04/2016 at 1:49 pm

If the CMS believe you share care equally, they won’t do a maintenance calculation, please see CAB link here for more information.

marty 20/04/2016 at 7:01 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 ?.

ChildSupportLaws Editor 20/04/2016 at 10:26 am

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.

Mickey 20/04/2016 at 8:41 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.

Pipsqueak 19/04/2016 at 2:11 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 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

wilz 15/04/2016 at 6:39 pm

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 court and bring her back???

ChildSupportLaws Editor 15/04/2016 at 11:55 am

I'm afraid as we are a UK-based site we can only advise on UK-based immigration and family law.

snm 14/04/2016 at 9:51 pm

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?

Ali 14/04/2016 at 12:55 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

ChildSupportLaws Editor 14/04/2016 at 11:19 am

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 - for more information.

Rich 13/04/2016 at 11:32 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 ?

Jackie O 31/03/2016 at 8:06 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.

Katherine 18/03/2016 at 4:55 pm

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?

ChildSupportLaws Editor 17/03/2016 at 12:51 pm

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.

Rob 17/03/2016 at 1:30 am

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

ChildSupportLaws Editor 16/03/2016 at 1:57 pm

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.

Rob 16/03/2016 at 3:04 am

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

ChildSupportLaws Editor 26/02/2016 at 11:34 am

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.

felicity 25/02/2016 at 10:53 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?

ChildSupportLaws Editor 16/02/2016 at 1:44 pm

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 whichThe CMS is a free service that provides impartial information and support to help separated parents make decisions about their child maintenance arrangements.

NM 16/02/2016 at 8:14 am

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.

Williams2016 13/02/2016 at 11:59 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?

ChildSupportLaws Editor 09/02/2016 at 11:16 am

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.

francy 08/02/2016 at 6:32 pm

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

Worried 08/02/2016 at 10:08 am

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?

ChildSupportLaws Editor 02/02/2016 at 1:54 pm

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.

palf 02/02/2016 at 9:07 am

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?

ChildSupportLaws Editor 01/02/2016 at 2:16 pm

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.

Lou 01/02/2016 at 7:52 am

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

ChildSupportLaws Editor 28/01/2016 at 1:49 pm

By law, if your ex has Parental Responsibility then you would have to seek consent from him to move abroad with your children. If he does not give his consent, then you would have to take the matter to court. If your ex has not been in your children's life then there is a good chance the courts would allow the move if you could prove it was in your children's best interests.

chaz 27/01/2016 at 10:50 pm

Hi i am thinking of moving abroad with my to kids me and the father split up four years now he does'nt see the kids or does'nt pay maintaince he is on the birth cert can i just up and leave or do i need his permission to go? I have family in canada but im from Ireland can you give me advice please..

ChildSupportLaws Editor 14/01/2016 at 2:52 pm

Please see Reciprocal Enforcement of Maintenance Orders (REMO), site here for more information. You would have to see whether your country is on the list of reciprocal members. I hope this helps.

Geemako 14/01/2016 at 8:13 am

Hi how do i seek maintenance from a father who lives in ireland dublin.i live in botswana.father threatens to stop his support for child.i dont know how possible it is to do it from botswana.

Tessa 11/01/2016 at 7:25 pm

My Brother wants to move to Pakistan with his Child and girlfriend. I am Wondering if there is any Chance to stop him Taking his 1 year old son as it is declared as an unsafe Place.

Clarky 09/01/2016 at 6:18 pm

Thank you for advise.husband is more than happy to pay child support.someone mentioned that if she's remarried and moved abroad that he might not have to pay anything due to this. They went to court to stop her taking the kids not sure if it's through csa or court agreement that he pays as she's always trying to get more money.just wanted to know where he stands with it

/ 07/01/2016 at 8:57 pm

My son moved to Sweden in July 2015, his Swedish partner prior to this lived with him in uk. He is entitled to fathers leave from his job in Sweden but has to prove he does not get benefits or nhs from uk. Is there a firm he has to complete to enable him to claim the papa leave to be with they're baby

ChildSupportLaws Editor 07/01/2016 at 2:42 pm

Yes - is there any reason why he would not want to continue to support his own children?

ChildSupportLaws Editor 07/01/2016 at 1:53 pm

Yes, your husband is legally responsible for supporting his children regardless of where they live until they are 16. You don't say whether this is a family-based arrangement or through the the courts CMS or CSA. Dependent upon the country where his children live, if he stops payment the mother may be able to apply via the Reciprocal Enforcement of Maintenance Order (REMO) Unit, which helps to register and enforce child maintenance orders internationally. Your husband may not have to pay for his 17 year old child, if he/she is not in full-time education.

Clarky 06/01/2016 at 7:44 pm

Hi my husband has an ex wife who moved their 3 children abroad and remarried.his children are 14 twins and 17 he pays maintenance each month but does he actually have to?

desparate dan 02/01/2016 at 4:44 pm

I have 2 children , I have parental resposibility. my x has taken them to live in Spain against my wishes. can she still claim maintenance?

desparate dan 02/01/2016 at 4:39 pm

I have 2 children , I have parental responsibility. my x has taken them to Spain without my permission which I will never give. do I still have to pay maintenance ?.

Getta 30/12/2015 at 5:32 am

My partner is irish now living in uk, his ex and kids still live in ireland. His ex wont give her bank details so he can pay her child maintenance as she says she doesnt want payments visable as it will affect her benefits..
He has asked CSA for help but was told he doesnt need to pay as there is no court order in place and even if there was it couldnt be enforced as its cross boarder... he wants to do the right thing but cant see how to pay if ex wont accept his bank payments. His son has told him he is constantly slated by his mum and sister for not contributing ! How can he make her accept ?

riadbscold 27/12/2015 at 3:33 am

hi, my sons father emigrated to usa when he was 14 months old approx. and he is now over 10. He paid nursery fees on and off till he was about 5 yrs old then paid voluntary maintainence but is since turning over a lot of money and yet not put my monthly payment up for years now. I get around £400 a month but have my son literally 24/7 it has been very difficult for me to work and I was signed into lots of business and home things that has cost me dearly. How easy is a remo to do and will the fact its his own business have an effect? as its so easy to hide money as he is turning over quite a lot now like over a million.. yet £20 extra is hard to obtain at times. Should I see if I can get copies of accounts first?

Mars 23/12/2015 at 11:49 pm

I wish to return to New Zealand with my British daughter. Her dad and I are divorced. He is a British citizen and lives in Africa and has not seen her for over 2 years. Do I need permission to leave the UK with her permanently? His child support money is £1000 + in arrears. REMO and CSA unable to help. The travel is my concern. No one seems able to answer my question.

ChildSupportLaws Editor 23/12/2015 at 2:46 pm

Regardless of the lack of contact, if his name is on the birth certificate and he has parental responsibility then no. If he refuses his consent, then you would have to apply through the courts.

A 23/12/2015 at 2:19 pm

My sons father has had no contact with him for 16 months, there is no court order or anything connected to our situation, can I relocate to another EU country from the UK with my child?

Mars 19/12/2015 at 11:15 am

I wish to return to New Zealand with my British daughter. Her dad and I are divorced. He is a British citizen and lives in Africa and has not seen her for over 2 years. Do I need permission to leave the UK with her permanently?
His child support money is £1000 + in arrears. REMO and CSA unable to help. The travel is my concern.

Mars 12/12/2015 at 12:27 pm

I wish to return to New Zealand with my British daughter. Her dad lives in Africa and has not seen her for over 2 years. Do I need permission to leave the UK with her permanently?

ChildSupportLaws Editor 08/12/2015 at 12:54 pm

Regardless of where your ex lives, you will be responsible for supporting your child. You can either do this through a family-based arrangement or via via the CMS, link here which also has a calculator that will tell you how much you should be paying.

ads092 07/12/2015 at 5:27 pm

I have got a little one on the way :) but as most relationships go this one ended. The baby isn't born yet but she has applied to move to Ireland, with her new partner (not married) my general concern is if she lives in Ireland with the kid, do I have to pay CSA as she will be living abroad. Providing I give her consent to live abroad. Also don't know if this factors into it but I work in the armed forces full time.

ChildSupportLaws Editor 07/12/2015 at 12:25 pm

Regardless of whether he is providing child support or not, you will still have to request permission from your ex (if he has parental responsibility) to leave the UK with your children to live. If your ex will not grant you permission to leave the country with your children to live, you may have to take the matter to court. If you take the children abroad without his consent, as specified in the article, it could be classed as abduction.

ChildSupportLaws Editor 07/12/2015 at 10:46 am

I'm afraid regardless of where your child lives, or whether you are still in contact, by law you still have to support your daughter financially.

vanessa 05/12/2015 at 9:50 am

Hi, I'm a Dutch national and live in the uk for over 10 years got two kids aged 7 and 5 from my ex who is British national, after our separation I applied for child maintenance but I do not get anything from him as he is not working and claiming any benefits. Now I got married to an American man and he wants to take me and the kids live with him in one of the golf countries as he is working there and I found a job too. What i wanted to know is am I allowed to take my kids with me knowing they are British national like their father and I'm not and also because I'm married now. He does not provide them with anything and is living with his friend. Please can you advice me on this matter. Thank you

Lee15 04/12/2015 at 5:01 pm

Hi, both myself and my ex wife are UK Citizens how ever my wife has now moved to Spain with my daughter and all form of contact has stopped, I still pay £60 per week csa and want to know do I still have to pay this or can i get it stopped.

ChildSupportLaws Editor 30/11/2015 at 11:59 am

I am sorry to hear this - this is an increasing problem regarding international relationships where people are finding themselves trapped in a country because of parenting rules. You may be able to claim benefits, You may also be able to get some legal advice if you talk to your local CAB office. If you wish to return to your home country with your child, you would need to get consent from your partner to take your daughter home - or apply through the courts. You would have to prove it was in your daughter's and your best interests to take your child back to Sweden. I hope this helps.

Confusedalot 29/11/2015 at 3:27 pm

Hi,

I currently live in the UK with partner and our 3 year old daughter. I am a swedish national and he is British. Due to donestic violence I need some advice o what to do please. I lost my job earlier this year and im on my partners JSA claim. What can I do to get help? My partner keeps telling me I have no rights and all I can do is go back to Sweden. Im not leaving my daughter in a country where I am not living in. I am really worried as I realise I need to leave but I have no where to go and as it is right now, my partner and me would have to shared custody. According to him or he just takes our daughter as I dont have anything. Thankful for reply.

Ellie 28/11/2015 at 9:34 am

my husband has been posted to Cyprus with the army and I would like to move with him however I am not so sure my 4 year old sons father would agree with this, he will have a better life and his father has previous charges with the police? What can I do?

ChildSupportLaws Editor 19/11/2015 at 1:02 pm

The courts can order him to pay Child Maintenance and Sweden (under EU regulations) as Sweden is a Reciprocal Enforcement of Maintenance Order (REMO) member country. You may be able to find out more via which

Sunflower 18/11/2015 at 8:58 pm

Hi, I am divorcing my English husband an am hoping to return to my native Sweden. We have two young children and if I remained in the UK my soon to be ex husband would have to pay me in the region of £1150 pounds per month in child maintenance (he is a high earner and I have been a stay at home mum for many years). Is it correct, that if I get granted leave to remove the children from the jurisdiction, then he is not at all obliged to pay for the children according to UK law? I know the Swedish authorities will make him pay some, but I believe nowhere near as much as I would be granted here. Can the courts order him to pay child maintenance?

Many thanks in advance

ChildSupportLaws Editor 17/11/2015 at 10:46 am

He still has parental responsibility, regardless of where he lives. However, you can instruct your daughter's school not to let him remove her from school. It is very unusual that a school would allow this. If you do not wish to take your daughter without authority, then you can apply for a Prohibited Steps Order through the courts. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. I hope this helps.

Chaz 16/11/2015 at 12:41 pm

My daughter who is 7, her father chose to live in Spain, not work and not contribute towards living costs. She lives with me full time. He constantly wants to come back to the uk and take her out of school to see her when he demands. He asks me to me requests for a absense which are denied but still comes and removes her from school without my permission. Does he still have parental responsibility even though he chose to live in Spain

ChildSupportLaws Editor 10/11/2015 at 1:58 pm

Children cannot claim child support directly, however their parent of carer may be able to through the US equivalent of a Reciprocal Enforcement of Maintenance Order (REMO). However, it is highly unlikely your husband would have to pay if he is in receipt of benefits.

styles p 09/11/2015 at 8:01 pm

Ill try to keep this short.

Im a man living and have always lived in London I have a child born in scotland in 2006 march. On paper I have no responsibility. Im on the birth certificate. After 2 months me and my then partner not married moved to london. We split after 2.5 years. She still lived in london near by. From the split I saw our child either 2 or 3 times in a single month on weekends. Im very involved in her education and upbringing and have a special bond with her. She is 9yrs old now meaning literally from birth she has lived in london. I must say she now within that time has two other children and that I also have one. Both my children have met each other. In june 2015 this year she left with our daughter to live in scotland without my knowledge or consent. Bear in mind I have no PR due to the fact that she was born in march and leglislation granting a man equal PR if not married and on the birth certificate changed in may 2006. I understand that that may be looked upon in court where due to my involvement PR can instantly be judged and given overuling whats on paper. Im a good dad. Ive tried mediation and that has failed. She didnt attend even though I arranged it in scotland. My daughter didnt get the chance to say bye to anyone in my family or her friends. Unfortunately her mother really has not thought about the impact this is having on our child and does not really understand which leads to simply not caring.Now im taking action. Contact with my daughter is minimal. I dont know where she is or what school she is in.

So I ask what jurisdiction is my child in?
Do I go to a court in england or scotland?
Does where she was born mean that I have no rights? Even though she was raised by both of us for 9years? How will a judge look upon this. Just so you know im clean responsible not violent etc...

Nelly 09/11/2015 at 7:32 pm

My husband does not work or claim benefits and he looks after our 2 children aged 11 and 10. He's just found out that his twins from a previous relationship and whom were taken to America without his knowledge 13yrs ago have been put into the care of their other sibling (still in America ). Can they claim child support from us. The twins are now 16 but still in high school.

Sorry it's complicated

ChildSupportLaws Editor 06/11/2015 at 11:51 am

If he is paying by direct debit, then this should act as proof he is paying his ex. It is quite legal to have a family-based arrangement.

ChildSupportLaws Editor 05/11/2015 at 11:56 am

In England, Wales and Northern Ireland the duties towards a child which come with parental responsibility continue until the child is 18. In the case of children between the age of 16 and 18, parental responsibility ends if the child marries. Therefore, you would have to go through the courts and let the court decide what is in the best interests of your child. However, if Cafcass becomes involved, then your son will be able to voice his own opinion and at 16, this will be seriously taken into consideration by the courts. The fact that you still wish your son to have contact with his father and have attempted to be reasonable in trying to maintain this, will also stand you in good stead. At the same time, you can't really make a pre-judgement that the court will automatically rule in your favour. Therefore, I can't advise you what your best option is - let your husband go on ahead of you perhaps? The worst that can happen is that you and/or your son would have to remain in the UK for an extra two years. Unfortunately, the legal system will take its time and there is no hurrying it along.

christine007 05/11/2015 at 9:59 am

My husband is a UK citizen and has a child from a previous relationship. The child lives in the UK with his mother. My husband and I live in Norway. My husband has been paying child support every month ever since him and his ex broke up, but it is not being reported. My husband and I recently just had a child of our own and are supposed to receive a child benefit payment from the Norwegian government every month now, but first he has to prove he has not been receiving any child benefit from the UK (for our child). My question is, can the situation with his ex cause problems for us if he contacts HMRC and they believe he hasn't been paying child support at all? Thanks in advance.

Birdie 04/11/2015 at 2:35 pm

My husband has been offered a job in Australia. We all want to emigrate but my sons father will not give consent (he has PR) even though he knows our son really wants to go. He is adamant he will fight me all the way even if it's detrimental to the relationship with his son, he doesn't care (he's very controlling). I have offered him contact that he can come and stay with us 2 weeks a year and said at our expense we will fly my son home to stay with his dad for the summer holidays. Plus Skype etc.
My son is 15 1/2 years old & we won't move until he's 16 so he can complete his GCSE's.
If I have to take legal action will the court take into consideration the age of my child and the fact he really wants to go?
The other thing is we don't have time on our side as my husband needs to know whether to accept the job or not. Can we make the legal system any quicker because of this?
Thanks.

ChildSupportLaws Editor 02/11/2015 at 2:32 pm

If your children's father is refusing to give you consent, then you would have to apply for a Specific Issue order through the courts. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as taking your child to live abroad on a permanent basis. The concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker. In the first instance, this meeting will endeavour to reach an agreement between the parents as to how to determine the issue. I hope this helps.

natilly 01/11/2015 at 9:53 pm

I am english and my partner is america, we will be marrying in april and wish to move to america, but my childs dad is refusing to allow me take our child. Is there anyway to bring my child to the states. Thankyou

ChildSupportLaws Editor 28/10/2015 at 1:54 pm

You could apply to court for a Specific Issue Order, which are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as wanting to move abroad with your child. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker. In the first instance, this meeting will endeavour to reach an agreement between the parents as to how to determine the issue. However, if your ex is in the country illegally, then this is really academic, as it would be unlikely he would be allowed residency of your daughter, as he could face deportation.

ChildSupportLaws Editor 28/10/2015 at 11:19 am

It depends upon whether he is earning money or not. If he is not earning, then he will not be financially able to support your child, whereas you may be able to apply for certain benefits to help in bringing up your child. The fact he may lack money, also does not mean he should be punished by not being allowed to have access to see his own child. Many parents try to stop a parent seeing a child over money issues. However this is effectively blackmail i.e 'you can see your child, only if you pay'. This is unfair on the parent who may love their child, but may have no control over their financial situation, meaning they are effectively penalised by the resident parent. If you think he is earning in his country, you can apply for a Reciprocal Enforcement of Maintenance Order (REMO), Parents have emotions and the fact your ex wants to see his son, shouldn't be viewed as a crime.

Livie 27/10/2015 at 2:38 pm

Hi,
I would like some guidance here. I am an European Citizen living in the UK for the last 15 yrs and i want to move abroad in the South of France where i have a property. I would like my 11 yrs daughter to come also. The problem is that she doesn t want to go and prefer to stay in the UK with her dad. However, i am very concerned as her dad is from Africa and do not have official paper in the UK. he is putting pressure on the daughter in order to make her stay.
What can i do?

Blue 26/10/2015 at 10:39 pm

My ex partner is on the birth certificate of our UK born baby but is living abroad. He is from Greece and has moved back there. He is not paying child maintenance but wants to visit his child. How come the UK can't enforce child maintenance but he can apply to the UK courts for visitation? So I have no rights in the UK to money from him but he has rights in the UK for visitation?

ChildSupportLaws Editor 20/10/2015 at 10:06 am

As specified in the article, Reciprocal Enforcement of Maintenance Orders (REMO) maintenance orders are enforceable in several countries worldwide. This is the means by which the maintenance order is enforced in other countries where the UK has a reciprocal agreement. I assume you have looked at this? If not, While, South Africa is a member country, there may be circumstancial issues that prevent your ex from paying. These and other factors are unlikely to stop your ex from applying for citizenship.

hetty 19/10/2015 at 2:53 pm

Hi there. I have two children with a man who moved to South Africa 6 years ago. I know that he cant be forced to pay maintenance towards our children as he lives abroad. He is currently in the process of applying for for SA citizenship. IS this allowed despite the fact that he is failing to help raise his children back in the UK?

Mathewwright 17/10/2015 at 7:19 pm

Please can you tell me if a UK court order pertaining to Polish Citizens is legally binding regarding their Polish child?

My fiancée is a Polish citizen as is her ex husband and their child. They have all lived in the UK since the child was born.

However my fiancée and I wish to move to another EU country (Spain) and the biological father of my step son says we must go to a UK court for this order to be granted and he will fight it. He only sees my step son once every six weeks at the moment and the child in question wants to remain living with me and his mum as he has always done for the past four years of his life. My step son is 9. He wants to remain living with his mum and I obviously and is so excited to move for a new and better lifestyle.

So please help by letting me know if a UK court can decide that my Polish fiancée and her Polish son can be ordered not to leave the UK.

Thank you in advance. I hope to hear from you very very soon.

Anna 14/10/2015 at 10:31 am

Hi my ex partner and i have never been married we have an 11 year old and 8 year old. We split when kids were 14 months old and 3 years old. During that time he hardly saw kids and i went to see a lawyer for forced contact but to no avail. He has been seeing kids now on a fortnightly basis for the past 2 years. All my family stay in Australia and i am taking kids there to start a new life as i have support network there for kids and they will be given a better life over there. It has been 7 years since we split up and kids kids have been with me 24/7 can you please tell me if i have full custody in the eyes of the scottish law as is what i have been informed by a solicitor and she said i dont need to go to court!!!

That girlfriend 11/10/2015 at 5:23 pm

Hi my partner pays child maintenance for his 2 kids and sees them regularly but his ex is now telling him she is sending one of the kids to the west indies for a year is there anything my partner can do to stop this from happening

Anna7193 03/10/2015 at 9:22 pm

Hi,
Can anyone help me in regards to the father of my child who is resident in Spain and who has just stopped paying child maintenance.
Anna.

ChildSupportLaws Editor 02/10/2015 at 11:12 am

In the UK, every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If they continue in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then your maintenance payments will continue until your child finishes or until they turn 20. However, it is unlikely that you should still be paying maintenance now your son is 22. Therefore you could take it back to court and ask for the order to be terminated. Or just stop payments, as theoretically you have been paying at the very least four years too long. I hope this helps.

Bill 01/10/2015 at 10:43 am

Hi I have a question about paying maintainance for my 22 year old son living in Poland with his mother. I have a court order to pay maintainance for him set up many years ago but with no end date? What is the age that I can cease payments? Many thanks

ChildSupportLaws Editor 25/09/2015 at 2:21 pm

If you are not working you need to inform the CSA in your change in circumstances, If you are not earning, then it is likely you would be exempt from paying child maintenance. However, if you are working and earning a salary, then a reciprocal arrangement order REMO, which is governed by international conventions, may be put in place. As far as I know, Canada is one of the REMO members, however, Quebec is not.

Ram 24/09/2015 at 5:55 pm

Hi, I and my partner broke up two years ago and I reside in Canada, gradually she has cut contact with me and my daughter, my daughter lives with her in the UK I believe, so my question is as a non Canadian citizen and not working in Canada only residing there do I have to pay CSA as I have had corresponding mail from CSA to my previous address in the UK asking for payments.

ChildSupportLaws Editor 24/09/2015 at 2:50 pm

I suggest you get in touch with the CMS directly, One of its advisers will be able to answer your questions fully.

Scarey 23/09/2015 at 10:13 pm

Hi
I could really do with some advise, I moved with my ex husband to France in 2003 and unfortunately in 2006 we split up leaving me with 2 small children to look after, my ex was ordered to pay child maintenance through the French court, out of the 9 years we have been apart he has paid 2 years maintenance and owes a lot in back maintenance which he does not want to pay but that's another story. I am now back in the UK with my 2 children and a year ago the children's dad followed, he is now paying child maintenance but not what he should be paying, when I asked for more money he just avoids the question and so when I said I am going to go to the child maintenance people he says that I cannot as I still have the court order in France, is this true please. Thank you

mhy 18/09/2015 at 11:32 pm

Hi, I just want to know if my husband retire from his work and move to a non REMO country does he need to pay for child maintenance..he has 16 and 17 yrs old children from his ex-wife.

ChildSupportLaws Editor 17/09/2015 at 12:49 pm

I'm afraid we only deal with UK-based family law on this site, as we are not familiar with SA-based family law. However, you don't say what ages you are. If you are 'grown up' and of working age, then it is unlikely that your father will be legally financially responsible for you anyway. If this is the case, whether he chooses to pay will be up to him.

MrALEX 16/09/2015 at 1:28 pm

Hi there, could you please shed some light, my mother and father divorced a few years back, my mother has a court order forcing my father to pay her maintenance even though we(the children) are all grown up. My father has re- married and is currently trying to emigrate to New Zealand , my mother resides in South Africa. I am afraid that my father is trying to avoid paying the maintenance when he emigrates, we as children are struggling financially and will not be able to take care of our mother should our father emigrate, what should my mother do?

Ness 12/09/2015 at 10:22 am

Hi! My boyfriend and I are about to split up. I have German nationally but our daughter and her father are British. She has his last name as well. I want to go back to Germany with her but I know he won't let me do it. Is there anything I can do about it?

ChildSupportLaws Editor 11/09/2015 at 9:48 am

There is no reason why you cannot claim and you have a good chance of getting child maintenance given Guernsey is a reciprocal country. For contact details

InTheUk 10/09/2015 at 1:32 am

Hie my ex husband moved to Guernsey from UK in a bid to avoid mantenance etc. Hes currently working on staying there permanently. The thing is i do not know if hes working for a UK company or not. I am considering applying for csa in Guernsey through local courts. My question is since Guernsy is REMO what are my chances of getting csa from Guernsey? Many thanx.

ChildSupportLaws Editor 09/09/2015 at 1:51 pm

You can apply to the court to be allowed to take your son abroad. However, you’ll need to mount good case for the reasons why it is in your son's best interests as you will be separating your son from his father and while you may have had previous domestic issues, it will understandably a blow to your ex. You cannot take this to court without the knowledge of your ex, he will be allowed to voice his own reasons to the court regarding why it is in his son's best interests to stay. You say you may wait for three years, by then your son will be 11 and the court will take on board his opinion also. You’d be well advised to talk to your solicitor first to assess your full legal options.

ChildSupportLaws Editor 08/09/2015 at 11:56 am

I'm afraid your friend would have to contact the CSA regarding this question, as we do not have this information.

kerrirmoore4891 08/09/2015 at 10:55 am

Hi, my partner and I want to emigrate to Australia within the next 3 years. I am interested to find out how it work as I know my son's father won't allow us to leave the country. My son is currently 7 and loves the idea of living in Australia. There is previous domestic violence issues for which he was prosecuted, however there is a court order in place stating that he has contact every other weekend. I know I would have to tell him but could I go to court and get permission to emigrate providing proof that we have work there and he will have a better life? Confused and frustrated!

Graham 07/09/2015 at 3:12 pm

My friend lives in a non REMO country , however pays the child maintenance monthly through the CSA from an existing CSA agreement. That agreement runs out next year, can he just contact the new government organisation to continue paying the same amount monthly ?

Or will they try and insist on going through financial statements etc again , when technically they can't as based in non REMO country ?

Your advice please

needs advice 31/08/2015 at 12:36 pm

Hiya I currently have a 3yr.old.child old son who lives with me his mother in the UK. He was born here and has an English passport. However his father is American and lived here for 9 months before deciding he didn't like the UK and left. His father won't talk to him on the phone I've offered for him to come visit and see his child but he says no. But now is saying he has rights.ive given him loads of chances and continue to keep trying but now he's saying he's going to take me to court for access. Does anyone know what's likely to happen?

ChildSupportLaws Editor 28/08/2015 at 11:59 am

I am sorry to hear this. However, unless the mother agrees, then officially child maintenance is meant as a regular reliable financial support that helps towards the child's everyday living costs. Therefore you would have to get her consent to do this.

billysmum 27/08/2015 at 1:20 pm

We are paying child support for my husbands child who resides in the UK & we live in a REMO country. There is no dispute regarding us paying for the little one. We want to do all we can. Despite all our efforts we are not allowed to contact the poor child in any way shape or form. Apparently this is the childs decision even though the child is only 10. My husband is very distressed & disheartened. We were wondering if we could place the child support payment in a bank account in the childs name in our country until such an age. We currently pay the mother direct & there is no court order as such to do so. We have no idea if money is going to child or even if child knows we are trying to stay in touch. We feel if we hold on to the money then at some point we will be certain that the child benefits. Any advice would be very greatly appreciated. Thankyou in advance.

ChildSupportLaws Editor 27/08/2015 at 12:07 pm

Given that every father should be financially responsible for their child, as a rule she could apply for a Reciprocal Enforcement of Maintenance Order (REMO), which as specified in the article deals with international child maintenance agreements. However, Egypt does not come under the REMO list of participating countries, therefore it would be more difficult for her to enforce an order for maintenance payments than it would if Egypt were a member country.

rachy 26/08/2015 at 2:41 pm

Hi,

My partners ex wife lives in Egypt she is now asking for child maintenance for there daughter.

His ex wife is Egyptian and his daughter is British.

Can you make him pay even though she is not in this country and has lived there for the last 4 years .

ChildSupportLaws Editor 26/08/2015 at 12:33 pm

Please see the link: 'countries where you can enforce child maintenance decisions' here which also gives a link to how to enforce Reciprocal Enforcement of Maintenance Orders (REMO). I hope this helps.

LivingInTheUK 25/08/2015 at 4:24 pm

Hiya i live in the uk with my son and my soon to be ex husband lives in florida. How do I go about getting child support for my child as my ex is refusing to.pay?

Dadprobz 23/08/2015 at 11:14 am

If I move to Australia and leave my son with his mother, which countries CSA calculations are used to work out payments?

gettingtothebottomof 20/08/2015 at 11:10 pm

my children's father is set to leave the country and go to Dubai to live he's left it to my three children to tell me and thinks it's funny that he won't be paying maintenance when he goes !? Is there anything I can do to enforce he does pay financially to support them ?!

grttingtothebotyomof 20/08/2015 at 11:06 pm

two months ago my children came home from there fathers and told me he's moving to Dubai since then he's not told me himself and now says he's not going to pay child maintenance for his children either I have three children to support I know he has got a job out there but he's saying he hasn't he's avoiding his children and not supporting them either financially this is a disgrace can he legally do this and is there anything I can do ?

malc1975 20/08/2015 at 9:53 pm

my ex partner is emigrating and taking our daughter to oz she's 14. her new husband is saying I will have to go to court and give up my parental rights for her to be aloud into oz is this true as I don't mind them going but don't like idea of loosing parental rights

ChildSupportLaws Editor 20/08/2015 at 12:03 pm

You would have to check directly with the CSA. However, if it was a family-based agreement where you can prove you put money into his son's account, then there shouldn't be an issue. Also, your husband may not be eligible to pay anyway, if his son has left full-time education. Every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what the child chooses to do. If they continue in full-time non-advanced education , not higher than A-level equivalent, for at least 12 hours a week, then maintenance payments will continue until his child finishes or until they turn 20. If he has chosen to leave school and get a job, then your husband wouldn't have to pay. I hope this helps.

minnie55 19/08/2015 at 11:38 am

My husbands ex wife and their 11 year old son emigrated to Oz with her new husband. He gave consent to them taking the boy to live abroad. The CSA payments stopped. We saved the monies into a bank account and forwarded them to him now the boy is 18 years old. The ex wife has now separated from her 2nd husband and is struggling financially. She says she can take us to court for back payments! Is that true??

ChildSupportLaws Editor 18/08/2015 at 2:18 pm

If you are going through official channels, then you would have ask directly at source. However, the Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally, as far as I can see does not have Dubai on the list as one of its reciprocal countries. Therefore, you may find it more difficult to enforce and update an order. Please see list of participating countries here.

Benny 17/08/2015 at 9:07 pm

Hi, my ex has moved to Dubai and their wages have increased. Can anything be done to increase the maintenance I receive so that it is in line with his new pay amount? Thank you

ChildSupportLaws Editor 06/08/2015 at 3:09 pm

She can if the country she is living in is under the Reciprocal Enforcement of Maintenance Orders, REMO jurisdiction.

ChildSupportLaws Editor 06/08/2015 at 12:26 pm

He will never fully lose his parental rights. However, he may naturally have less of a say in the welfare of his daughter if he chooses not to see her as often and the longer he is away from her day-to-day life.

marlen 06/08/2015 at 11:10 am

my husbands ex girlfriend (who is born in UK and so is their daughter) has moved permanently to Sweden to get married to a Swedish man and the UK government has sent us a letter stating that we no longer need to pay her anything but she says that she will take us to court in Sweden to get their government to force us to pay her, can she do that?

LeaLindsay 05/08/2015 at 4:33 pm

Hi, My ex is planning on moving to Germany permanently leaving his daughter behind for good. Can you tell me, will he lose his parental rights? We are divorced

ChildSupportLaws Editor 31/07/2015 at 12:37 pm

@binsey - I'm afraid we could not predict this. It would be up to the court to decide while taking into account both your reasons why she should or shouldn't leave the country with your child.

binsey 30/07/2015 at 5:56 pm

Recently separated now ex is determined to take my 5 yr old and 2 step children to Oz to work as an au pair/ live in nanny ( unsure if it's platonic) with a past life friend who she has reacquainted on social media site
Will I lose court case to stop her taking my child by birth and be denied custody

ChildSupportLaws Editor 30/07/2015 at 3:05 pm

@Lisa - yes, as specified in the article, 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.

Lisa 28/07/2015 at 9:09 pm

My kids live with me full time.
I want us to move to France permanently.
Do I need their father's consent?

ChildSupportLaws Editor 30/07/2015 at 11:20 am

@Ramy - I'm afraid we can't answer your comment as we are a UK-based website, concentrating purely on UK-based law. You would have to seek some more local legal advice.

Ramy 28/07/2015 at 6:22 am

Hello
I added a comment yesterday and I didn't recieve any feedback please I need an advice or help in my case, I feel that I am going to die if cann't see my daughter having her beside me, especially her mother don't care about her and what she is doing is all about revenge from me

Ramy 27/07/2015 at 8:33 am

I am an egptian father married to egptian women and we got our baby she is now 3 years old and we have marriage troubles ended with divorce by court and my wife now held a suitcase in court to have legally to be the parent care, this is to make separation between me and my daughter, cause laws in egypt don't support shared care also my ex wife prevent me from seeing my daughter since one year ago disputes I have a court order to see my daughter 3 hours once a week cause this is the law in egypt and in this year I saw my daughter almost 4 times
in addition my ex wife doesn't care for our daughter the only thing she want is to take revenge from me by preventing any contact with my daughter, and I am very connected with my daughter and she is too
now I intented to take her and travel abroad and I don't know where to go with no legal consequences in the country that I will travel for and with no opportunity to face any laws to bring back my daughter to egypt
please I need advice and what to do

Micky 27/07/2015 at 12:03 am

My ex husband move to the Republic of Ireland about 5 years ago, and went to live with his mother, he was a self-employed carpenter, but as soon as he got to Ireland stopped working and claimed unemployment benefit. He stopped paying any money towards our son. My son resides with me and I bought the house off my ex-husband.

I have only work sporadically now, when I can. However, my ex husband has not paid any money for his son since he went to Ireland and since my son was 10. I have had to pay for everything. I know my ex husband gets unemployment benefit, lives with his mother, and does not have to pay any rent or bills etc. I think it is disgraceful that he does not make any attempt to pay for his son or give him any money and has expected me to pay for everything. What is your advice on this case? Surely my son is entitled to the basic amount even if my ex husband is get unemployment benefit......I need help and advice on this.

slattery84 26/07/2015 at 5:20 pm

My child was born in Australia, I am from Ireland and live in the UK, my partner (my daughters father), is British and we have both agreed to move back to Australia finally as our parents live there.

My child in under Child Protection Plan, however, can we leave finally without any reason to worry as we have both received our resident permit to live in Australia.

Please advise me before I make mistake, I do no want to discuss my details with the Social Service Agency.

MIke Editor 02/07/2015 at 2:44 pm

@Gemmylou - it is very difficult to enforce payments if your ex is living in a non-REMO country.

Gemmylou 29/06/2015 at 8:21 pm

My ex is moving to Dubai and refuses to pay for his children. Dubai not being a REMO country I'm not sure where I stand legally he hasn't gone yet so do I have options.

Ed Editor 28/05/2015 at 2:21 pm

@concerneddad - you can take it to court and get a specific issue order if your ex doesn't want to impart these details. However, in theory, your ex doesn't have to tell you and can take your daughter out of the country for a period of 28 days without consent. If you are really concerned, then you can apply for a prohibited steps order, but you'd have to have good reason.

concerneddad 26/05/2015 at 9:54 am

My ex partner wants my consent to take our daughter to South Africa for a period of 18 days. Am I within my rights to ask for a full itinerary of the trip as they plan to visit three countries. I also consider her a flight risk.

Elle Editor 28/05/2015 at 11:33 am

@Blackbeard - it would be something that she would have to take back to court in order to get permission or the order lifted on that specific issue.

Blackbeard 25/05/2015 at 5:35 pm

Hello,

My girlfriend is Indonesian and going through a divorce with her ex. They have a 6 year old girl; got married after she was born and were together for 7 years. My girlfriend has a court order whereby she must stay in Devon (We live in Plymouth) and if she wants to leave Devon for the weekend she must seek permission from her ex which means he gets to control what she does with regards to planning small breaks. Is this something which can be overruled in court? Seems unfair that her ex has this control which he seems to enjoy having. Thank You :)

ChildSupportLaws Editor 26/05/2015 at 1:40 pm

@Carolyn - Every parent has the basic responsibility to provide for their child up until the age of 16, when they are legally allowed to leave school and get a job. After this age, it depends what your child chooses to do. If they continue in full-time non-advanced education, not higher than A-level equivalent, for at least 12 hours a week, then your maintenance payments will continue until your child finishes or until they turn 20. In 2013 the law changed, making it compulsory for all UK children to continue in some kind of further education until the age of 18 (that is the end of the school year in which they turn 18). This is not necessarily a full time college course - it can be an apprenticeship or full time employment (over 20 hours a week) that includes some education or training. There are certain higher education courses, such as apprenticeships, that do not count as full-time education, so it is important that you check with the CSA. If your daughter changes her mind and decides that she wants to get a job and not continue in full-time education - which includes studying for 12 hours or more a week - then your payments would end in the September after her final school term. I hope this helps.

Carolyn 23/05/2015 at 9:14 pm

MD and Dc law.
never married my daughter's father.
I got married to another person not my daughter father. She is 16 years old and won't to go to school abroad. Will the child support payments stop, or will I have to keep paying until she gets 18.
she live out of town with her mother and stepfather. She just found out that I was her real father a few years ago. I have been paying child support since birth. Even if she go abroad to school would I have to pay and if so how much longer? please reply asap. Thank you

elana909 19/05/2015 at 9:05 pm

Hi, I raised both my children in the USA and returned to England 2006 my children both now adults. My son entered into relationship in 2008 which lasted just a few months where a child was born out of it. My sons ex decided to move to South Wales UK taking my grandaughter. At that point my son gave up as ex made contact very difficult returning to the states of where he is a citizen. During this time we discovered my grandaughter was being physically and emotionally abused. My son had to return again to the UK of where he fought for custody and won December 2013. A court order was put in place allowing mother contact through the year, summer holidays Christmas etc, phone calls every week and skype for mother. 17 months later with court order being broken so many times by mother failing to have her daughter at alloted times, and when she does have contact with her example 3 weeks in summer she is contacting family to collect daughter after only 1 week as daughter does not want to be with her. Summer school term time of where she should see her daughter for 1 long weekend mother does not attempt to see her child. Telephone calls and skype are none existent as mother fails to call her daughter ever. In all she sees her daughter in total approximately 6 weeks out of a full 12 months period. My son now wishes to return to the USA of where his home has been most of his life, to a job awaiting him offering his child a better quality of life. His sister is already back there with her 2 children, grandparents live there and I myself paternal grandmother am returning when my house has sold. Under the Hague Convention act would my son get into trouble by taking his daughter to the States. Would he be forced to return her to the UK. He has never stopped contact with mother and child ever and would allow his daughter the 6 weeks which is broken up over the full year to continue by sending his child to spend the entire 6 weeks of summer with her mother every year. He has approached his child's mother who due to her utter hatred for my son and the fact he has custody has refused point blank to give her consent. How long would it take to go through the courts with an application to move the child abroad and again what kind of trouble could my son get in to if he couldn't wait for the courts hence the job awaiting him he might lose and remove his child without consent. He doesn't want there to be any serious problems, thankyou for any replies.....

ChildSupportLaws Editor 29/04/2015 at 1:49 pm

@Sailon - As far as I can see, Dubai is not a member of REMO, where parents can apply to enforce or change a child maintenance decision made in UK courts. Therefore you would have to seek some legal advice on whether you can get a court enforcement on your existing order.

Sailon 27/04/2015 at 5:10 am

My Ex left the UK for Dubai a year after the court order was agreed. This stated that he must pay maintenance and finance for the children's extra curricular activities.
He works for the famous Dubai airline but only pays me a small amount per week for our 3 children and nothing towards the extras.
Is there anything that can be done?

ChildSupportLaws Editor 17/04/2015 at 2:28 pm

@sashmack - if you went to court his opinion may be allowed now. However, at age 16, he can leave home without his parents' consent.

sashmack 16/04/2015 at 2:25 pm

Hi, what age does the child have to be to take out of the country legally. Son is nearly 14. Planning Australia in the future don't want to go through courts and am happy to wait. Thank

ChildSupportLaws Editor 14/04/2015 at 2:49 pm

@Tanna - You would have to apply under Reciprocal Enforcement of Maintenance Orders (REMO). They are maintenance orders enforced by courts or other authorities for parents who live in other countries. South Africa is a member country, but you would have to seek some legal advice in order to see whether they can enforce it from South Africa to UK.

Tanna 12/04/2015 at 12:36 am

I have a child with my ex-husband and he currently lives in the UK. Myself and my child reside in South Africa. He has not been paying the full child support but part of it. Is there any way i could get him to pay the full amount every month. I am not sure what the laws are or how they work. Please advise.
Thank you

ChildSupportLaws Editor 13/04/2015 at 11:35 am

@KiTE_D - yes, I'm afraid access does not depend upon financial support, so your ex is well within her rights to request this.

KiTE_D 09/04/2015 at 12:41 pm

Hi, I gave consent for my ex partner to take my daughter to Australia 5 years ago. she resides in Oz with her husband. I was paying support through the csa up until she left and then i stopped once they emigrated.

I have recently received a letter from the Australian CSA asking for details of my salary etc as they have opened a case (5 Years since they left). considering i now have no access and they have amigrated as a family do i have to send money to support their new life in Australia??

They have asked me to get in contact with the CSA and given an Australian phone number. i have ignored it for now

thanks

ChildSupportLaws Editor 08/04/2015 at 11:35 am

@lovethis - You can contact the CMS directly via the link here and an advisor on its freephone customer service line should be able to help.

lovethis 05/04/2015 at 7:37 am

Hi, my sons father lives in ireland and works for a company which is based in Isle of man. Does this small fact hold any significance in using csa to assist with upholding child maintenance responsibilities? What is my best route to apply for support as our family arrangement is no longer honoured and previously was sporadic with perhaps only 10 monthly payments over 14 years. thank you for your time

kkati 02/04/2015 at 6:02 pm

Dear Nina.
What should that permission from the father include? Do we need witnesses for the father's signature? Thanks.

ANGELA_lefted high a 01/04/2015 at 7:19 pm

Dear all.
Please can you help me.
The father of my child is American,
My baby girl was born in th UK, both of us are British citizens.

Unfortunately the relationship ended abruptly due to his infidelity.
The father left to go back to America after the birth.

My question is the Child support maintenance fee from him, is it calculated under the UK or US?

Nina Editor 02/04/2015 at 12:09 pm

@kkati - if you are concerned, then you can try getting it in writing.

kkati 31/03/2015 at 4:52 pm

I would like to ask for advice about moving abroad with a child. He was born in he UK (british father, mother is Hungarian, not married, not living together, he pays child support) She needs to move back to Hungary and he verbally agreed but she doesn't want any issues in the future e.g. he claiming she "abducted" the child. What do you recommend?

ChildSupportLaws Editor 31/03/2015 at 10:57 am

@writer - I am sorry to hear this. As specified in the article, 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. I have included a gov.uk link which will tell you the countries and regions which participate here . I hope this helps.

Writer 28/03/2015 at 4:07 pm

Hello..I had a son with a British citizen. We are not married but my son has his surname in a birth certificated. He was living in my country (Peru) during almost 3 years. He gone then i didnt see him during almost 3 years. I was supporting my child all this time.. I want to know if i have any right according uk laws. The father is living in uk and he had problems with law being on veil during one year because he was living at his friends house and police found drugs. He doenst want support our son. Now he said I m on my own and the child too. Do i have any right according British laws? I need help.

ChildSupportLaws Editor 24/03/2015 at 12:04 pm

@baby - he can apply through the courts for a Prohibited Steps Order if he thinks that the move is not in the best interests of his children. See Law & Parents article here which should explain in more detail.

baby 20/03/2015 at 10:05 pm

My partner has 2 kids from other marriage,they are both portuguese and so are the kids and one of them was born in the uk!!! She has full custody but he sees both kids every 2 weeks ate weekends,she now wants to move to portugal but my partner doesnt want to lose hes kids, what can we do??? Please help us!!! Thanks

ChildSupportLaws Editor 20/03/2015 at 10:58 am

@kmoza - I can't advise whether you will be allowed to take your child abroad as this will be for the court to decide based upon whether it considers it is in the best interests of your daughter. However, if your child has had no contact with him and he has never supported her, then you stand a better chance of being given legal permission.

kmoza 17/03/2015 at 9:57 pm

Hi! I have separated from my partners about 10 years now, I had a daughter with him, he had not be taking care of her and does not bother to take her or visit her. I have a job offer in abroad and asked for his consent to take my daughter with me he refused to give me. How can I get the consent through the court and what are the chances of me getting it based on the fact that he does not visit her or take care of her?

Fee Editor 19/03/2015 at 2:08 pm

@asra - you won't be able to if the country is not under REMO law - but I thought India was?

asra 17/03/2015 at 10:55 am

hi guys...hope uall doin well plzzz i need help if some is in my situation nd know wat to do....
i hv 3kids under age 8...aboy and 2girls father was workin in uk nd he was doin the childrens maintainance till last year only 1year he paid nd all of sudden he stopped nd ran away to india nd now got married to someonelse so how do i claim for kids maintainance frm uk to india????already spk to REMO THEY DONT COVER place like india....plzzz advice me many thanks....

ChildSupportLaws Editor 05/03/2015 at 12:44 pm

@Kofi - I have directed you to the gov.uk site 'living or working abroad or offshore' here. I hope this helps.

Kofi 04/03/2015 at 6:30 pm

I would be very grateful if you could point me to publications from UKBA or HMRC that clearly explain that one can work for a company based in the UK while living abroad and the tax obligations (if any) under such circumstances.

Thanks

Becca Editor 20/02/2015 at 2:05 pm

@Help - she can only really take it back to the court that the court order was made in and claim for breach of court order.

Help 19/02/2015 at 5:39 pm

My sister is a resident of Bangladesh who married a British citizen present and settled in the UK. It was a family arranged marriage. They had a kid in 2004 and divorced thereafter. The man left Bangladesh and came back to settle in the UK. Part of the condition of his divorce was he would provide for the kid until he is seven and bring him to UK afterwards. However, he has completely abounded him and my sister is struggling to provide for the kid. What can we do?

lil emm 17/02/2015 at 6:36 pm

i am moving abroad with my 4 year old daughter the farther is not on the birth certificate but does pay maintenance does he have rights to stop me taking my child abroad with me?

ChildSupportLaws Editor 19/02/2015 at 11:15 am

@Ted - you would have to request a 'specific issue order' through the UK courts. I hope this helps.

Ted 17/02/2015 at 3:48 pm

I live in the USA and have 2 children in the UK. I never married my ex but she has now married. I keep in regular contact with the kids via my parents who have access to them. In previous years I have been allowed to take them on holiday when I visit the UK but my ex now wants to deny me any access to the kids. I have tried to reason with her but she and her husband will not even respond any more.
Do I have rights to see them and take them on holiday when I visit the UK?

ChildSupportLaws Editor 11/02/2015 at 11:03 am

@Lee - regardless of whether he is in her life or not, as specified in the article you would not be allowed to take your child abroad for more than a month except for two situations: firstly, if the non resident parent consents or secondly you have sought and obtained permission from the court. If, your ex does not officially consent to the move, you will have to apply through the courts via a relocation application/ application for leave to remove. I hope this helps.

Lee 10/02/2015 at 5:29 pm

Can I take my child, to live abroad.
ive been separated 2 years living with my child. \the father says he has no time for her and has had no contact for nearly 2 years
I am not legally divorced .

Alex Editor 14/01/2015 at 12:33 pm

@nadine - he sounds like an incredibly controlling man and if he is as bad as you say then he is likely to become even more controlling once you have your child. Firstly, you are not married, so you are currently entitled to do anything you you wish, which includes going home to have your child. In answer to your questions 1). You don't have to register your partner on the birth certificate, but he can apply for it through the courts and he is more than likely to be given it 2). Once you have your child, and he has PR, if you split up then can try to stop you going away through applying for a prohibitive steps court order (however, you will be allowed to take your child away for up to a month without consent). 3) If you split up you would have to get his consent, or consent through the courts to live abroad, if you move without consent you can be charged with abduction. It sounds to me like you would be better off having your baby at home in Greece while you actually have the freedom to make a decision about what is best for you and your child long term.

nadine 13/01/2015 at 8:06 pm

I am 27 weeks pregnant and feel very distressed. We always had some issues with my fiancee- he was always pressing me to do more work, to do things the way he wanted and he criticised and insulted me many times. He always said that I did nothing, even though I managed his private practice as a doctor, without receiving any payment, taking care of two houses we moved each week for his work and looking after him and his mother. These issues did not improve as I thought during pregnancy but became worse, since for the first time I started to think of taking care of me. He pushed to do more work even when I did not feel well, did not let me buy the food I wanted and told me that I am a guest in his house. My parents came for Christmas and were very disappointmed by his behaviour and because they tried to reason with him he now refuses to let them stay during labour beacuse they are supposed to destroy his house. I need my mother close to me the days I give birth and his refusal has caused me frustration. I am thinking of going back to Greece where I can be in a more calming environment with my parents, although I would prefer to deliver here due to better medical care. If I register the child with him at birth can he stop me from going abroad? Do I have the right to refuse him to register the child? What can I do if he refuses to let me go? Eventually, if things won't work out and I manage to leave him, can he ever gain the custody from me?
I would like to thank you in advance for your help.

Lee 20/11/2014 at 10:57 am

My partner who lives in Australia currently pays child support to his ex as an agreed payment (not through the UK CSA)
Can the UK CSA order him to pay through them if my partners ex changes her mind and wants payments through them instead? She expects extra money on top of what she receives every month for clothing/shoes for the child as she claims the money my partner sends is what pays for the roof over HER child's head! She now says she wants the CSA involved but my partner would rather stick to the agreed payment, which increases every year.

AUDIE 10/10/2014 at 6:17 pm

I mved to guernsey channel islands to stop the currupt CSA from stealing from me, great watching them go crazy looking for me and mocking my ex over the net

channel islands driving licence bank accounts job and even a deedpoll name change il never pay that currupt payment

jack Editor 21/07/2014 at 12:09 pm

@shatner, why would you want to stop supporting your child?

shatner 20/07/2014 at 7:22 am

My children will be moveing to the usa with there mother. If i stop paying maintenance money is there anyway she can make another claim from the usa?

Rudba 13/07/2014 at 12:53 pm

My husband died 2 and a half years ago after a few years of illness with cancer. I have three children (14, 12 & 10). My eldest son was 11 and 2 weeks into a new secondary school when my husband died. Things have been going downhill for him since. He has become a very angry, self destructive, disillusioned child. He has gone from being a top achiever at primary school to being excluded from school, ending up in a Pupil Referral Unit where there are so many other disfunctional children that the Unit has no control over them at all. An OFSTED report said there is no monitoring of children's attendance, no real work taught, no homework set, no behaviour control. My son has started mixing with very bad company, has been going missing, staying out late in the night or not coming home at all. He has recently been arrested for robbery and is basically on the road to delinquency and crime. Social workers and psychologists are involved and say this is a reaction to grief and bereavement but he is unwilling to engage with anyone and deal with his problems. He is becoming a law unto himself in the home, at school and on the streets. He is currently on bail until his trial at the end of August. His father's family live in Cape Town South Africa, my brother lives in Mafekeng South Africa and my sister in Botswana. My family are all British Citizens, my husband's family are South African citizens and my children have the right to both citizenships. My sister from Botswana, my brother and my in laws have offered for my son to come to Botswana or South Africa as we all beleive we need to get him out of this environment and away from the negative peer group he has got involved with. Most of them have been involved with the police, been in custody or waiting to go in. These young criminals (and I am not minimising the problems that led to their delinquency but I can only try and save my son) have more sway over my son than I do or any other adult incluuding teachers, social workers, police, judges etc. My son has no grasp of reality or the consequences of his actions. Because all the people he is hanging around with are introuble with the law, he thinks its normal and not a big deal to get a criminal record or go to jail. No-one in my extended family has ever been in trouble with the law. We come from a family of professionals which include doctors, architects, television producers, accountants, neuroscientists, photographers, lawyers, economists etc. The list is endless. No one has ever dropped out of school or been in trouble with the law. Apart from the grief of losing my husband, helping my two younger children settle, my eldest son has driven me to depression, severe panic attacs and a near breakdown. Social workers, psychologists, teachers, outreach workers and many other professionals have commended me for everything I have tried to do to help my son since his fathers death but the system in this country is that until the child is willing to engage no-

phaff 04/07/2014 at 9:00 pm

I live in RSA and I am in the middle of a messy divorce ... I filed. he is financially a bully and control freak and I am sure he has a mental dissorder - a family member of his was hospitalized with a personality disorder and I nursed them back to health. My entire family reside in Britain and I am wanting to forgo a settlement so as to immigrate to the UK with my 3 children of his in order to be close to family ( a dying mother with cancer ) and my entire family who will offer me financial support and emotional support. can he stop me from immigrating ??

suz40 04/07/2014 at 9:41 am

Me and my husband are trying to be amicable (divorce)I want to take the children to Belfast, he said he was going to put a block on it, can anyone help or give me some advice to what my rights are??

star 30/05/2014 at 12:01 am

I have 7 years old boy and I live in UK but his father went back to Latvia is there any chance to get child maintenance from him even if he is living in different countrie?

sandy2662 16/02/2014 at 3:48 am

i moved from the uk to spain with my partner and our two sons, in august we woke up to find him gone and heard nothing from him for 2 weeks then we got a call saying he was living in florida he had gone to meet a woman he met online. he stayed with her and applied for a marriage licence within 3 weeks of arriving in the usa, the day after the licence was issued he left her and went with another woman in the same area and married this woman within 3 weeks(obviously the need to marry someone was to obtain visa and green card) he has been out of status since november and i have only contact with him through email he will not give me a contact number or address or information as to if he is working legally or illegally. i have found an adress online ofr his wife but he will not verify if it is the correct oe he deniys having recived any post from me. my question is how do i claim child support from him. i have had to return to live with family in ireland and because i have been out of the country for over 4 years have to prove habitual residency i have no income and at teh moment i dont have a right to claim stae benefit , my ex partner and my sons are british citizens and i am irish citizen, can you please advuse me on how to persue child support.

Lin 18/09/2013 at 1:35 pm

My husband and I are legally separated. We have an 11 yr old boy and he lives with me full time. Because of the finally hardship I have suffered due to him draining me financially and not willing to work something out with the divorce I have taken a course to teach English abroad. I have looked at several countries taking in consideration schooling, cost of living etc., and I have found a place in the Red Sea Egypt. It is a very good place. I live in Nova Scotia and things are so expensive here and I am getting no help physically in any way from my ex-husband albeit he -pays child support and spousal support but living here is expensive and I have utilized all my savings to go to school, keep our house, divorce etc. There is a good chance I can do much better there I want to go and try for a year. Would the courts take in consideration the financial hardship I am having here and the chance I have at making a better living..

rs 10/07/2013 at 11:38 am

I have just received a letter from a lawyer in South Africa on behalf of a woman I was in a brief relationship with 13 years ago, claiming that there is a child of mine and that they want maintenance.
I have never recieved any formal request for maintenance and have doubt as to wether the child is mine.

I am Zimbabwean and living in the U.K.

Any advice will be greatly appreciated

byteme 24/06/2013 at 9:14 pm

My husband just found out he has a 16 year old child in England. There is no doubt the child is biologically his, will he have to pay back childsupport if the mother decides to legally pursue? Would he have to go to court in England if the biological mother pursues child support? She will be 17 in a month and we want to be prepared just in case.

lulu 22/08/2012 at 6:28 pm

My 15 yr old son and myself are here in Canada on holiday with my future husband and his family. My son's father has not seen him for over four years, that has always been my son's choice after he witnessed a beating I took that my husband recieved 12 months probation for. As soon as we arrived he took his maintainence order back to court and I am now left with nothing from him for the upkeep of my son and his education. His reasons are that I recieved a small amount from the death of my mother, he stated I was marrying a wealthy man ( he is not wealthy) , that we intend to live in Canada. I return to the uk in just over a week, in time for my son to be back in school, we have not left the UK as we are awaiting my son's student visa then we will apply for me to live in Canada.
I have read up a little and surely it is about him maintaining his son? Marrying my partner has nothing to do with my ex paying for his own child. Surely it is his responsibility? I'm heading straight to a lawyer when I land back in the uk on 1st September to fight this.
Footnote....it is my ex that is the wealthy man, also controlling, I am asumming this is all part of the control issues he has ( leave and I will stop paying) and hope the judge sees this.

Emma 22/08/2012 at 9:34 am

I was born and brought up in australia so I am australian citizen, my daughter was also born in australia and is a australian citizen although her father was born in and is a british citizen. My daughter and myself moved to the UK to be with her dad and as a couple after a year of living in australia as a single parent and not receiving any support from her father for the first 18months. since then my daughter has been given a british passport and I am still in the process of getting my visa to stay (this has been lodged). I have now decide that the uk isn't best for myself and my daughter to be brought up in the uk and would like to move back to australia, but her dad my partner is not willing to move back yet (if ever). Where do I stand when it comes to leaving, will he be able to stop me moving back with my daughter even though that we are both australian citizens and are not even legal to be in the country as yet.

Tone 15/08/2012 at 3:46 pm

Hmarshall90.There is no easy way of asking your sons father for permission about Cyprus. You are going to take his boys out of the country for a very long time. Its not like your just down the road or the next town/city, where he can call to see them if he needs to.You are going to have to meet him somewhere private, not in either homes and tell him your plans honestly. Expect him to get a little angry and upset (because this is a big thing for him to take in) and you must stay calm, put yourself in his position. Tell him of the positive things your children will get, from the life experience of better schooling, mixing with children from different countries, learning of new languages, seeing parts of the world lots of other children don't get to see, tell him about Skype. You need to make him see that this move is going to be an amazing thing for his sons and their future and not just about you taking them away from him.I should know my ex took my boy away to Belgium with her new husband (Army) and I was devastated about it. But my son has had some amazing opportunities over there in school and loved every minute of it.The Skype thing though won't last, 4 months before they start to be less frequent and the holidays home become too expensive also. (Well so yous seem to say). Good luck.Tone.

hmarshall90 06/08/2012 at 10:23 am

i am wanting to move to marriage quarters in cyprus with my partner and my 2 year old son but im scared that my sons father would try and stop me. which is the best way of asking my child's father for permission? i am going to be fair to him and still give him contact through skype or phone calls and also come home every so often for my son to see his dad and he can stay with him for the duration of our stay in the uk. does this seem fair?

Beckie 28/07/2012 at 1:01 pm

I recently moved to dubai just under a year ago, but i originally lived in the Uk and am from there, i also still have my house in the UK. I'm 15, and now in my final year at school. My family always said we'd all come back one i'd finished my studies at school and was 16, but now my dad chooses otherwise and refuses to let me come back to the UK until i'm at least 18. I really want to move back to the UK and then continue going to college there, and perhaps get a part time job whilst i'll be 16/17, which i also cannot get in dubai. It is legal for me to move out in the UK at 16, and i know it would be a big step and i would have to do all this on my own, but i also have family and friends in the uk that will help and support me. I just wanted to know, is it fine for my dad to make me stay in dubai till i'm 18...would it be legal for me to move back to the uk and move out, and all the things i said above^? HELP thankyou x

Manal 27/07/2012 at 1:07 am

I'm a Lebanese citizen I'v been married for 13 years now and i got 2 kids a son 13 years old and a daughter 4 years old I have been treated so bad over the 13 years I supported my ex all my life and nothing in return lately I was hitn so bad and never was good to his own kids there is no human rights in my country and I don't have financially support here I work hard as I can but still can't pay for every thing life Is very hard here is there any country that can help and protect from the vailince of my ex me and my kids for a better life and get out of here

cally 11/07/2012 at 9:36 pm

I HAVE BEEN TOLD I HAVE TO PAY $79 A WEEK BY THE AUSTRILIAN CSA.IS THIS LEGALLY BINDING IN THIS COUNTRY.

koko 01/07/2012 at 12:26 pm

There is no father who does not want to the child support. But when place too much percentage on one parent which you know that some women may plan it. When one parent is getting child benefit including some unreasonable percentage from father. That is why there is so much criminal because there is a cause on onethe money their mother is getting to feed them. Most of the criminal in UK are from single mothers. Then what is the benefit of the money they forcefully get from fathers.

smithy 20/06/2012 at 2:01 pm

I have been offered a job in germany and i am enquiring as to how i will stand with the csa ( i am tryingto arrange a private deal with ex but she wont do it if csa can still hit me with a deo) . this company is registered in germany but on further research i have found that a british holding company owns significant shares, will the csa still beable to hit me with a deo or assessment because of this?

Flis 18/06/2012 at 2:59 pm

I live in Botswana with my 11 year old twins. I divorced my husband 4 years ago and the court ordered him in Botswana to pay maintenance which he has never paid. We are all British citizens. He disappeared and I have recently discovered he is living in London. How do I go about trying to get him to pay?

claireo 17/06/2012 at 10:15 pm

I have a 3yr old son who i want to take to australia to live, where my brother lives and my parents and other sibling are also moving over, leaving me with no family here. My son has only recently started contact wih his dad because he is a recovering alcoholic aswell as his sister. can he stop me by taking me court and do you think i have a strong case as he has never been consistent and i am wanting to take my son abroad for a better life

Pcsuper 14/06/2012 at 10:50 am

Im moving to the USA with my american with and my son from my previous marrage wants to move with me once he is 16 and completed his studies. Can my ex-wife stop him from doing this?

ChildSupportLaws Editor 19/04/2012 at 2:17 pm

@ISM. Why would you not want to try and continue to support your children financially?

ISM 19/04/2012 at 12:10 am

I have moved to The USA with my American wife from the UK, I hold a US green card.
1 Do I still have to pay child support?
2 My children are 15 and 13
3 There is a court order in the UK from 12 years ago to pay an amount is this enforceable.
4 I am out of work at the mo does this make a difference.
Thanks.

stevenmillwall 11/04/2012 at 4:21 pm

My wife wants to return to indonesia with our son,who is 3.5 yrs old. I believe under Indonesian law he can not become an indonesian citizen. he was born in the uk. if he should go to Indonesia, he would not get any of the benefits that he would enjoy inthe uk. The schools there are are much worse and there is no nhs service, as well as an increased chance of tropical illness. Are there any grounds for awarding custordy on human rights issues.i am a uk citizen

melanie 05/04/2012 at 12:16 pm

We moved to Thailand as a family 5 years ago. Within 6 months of arriving my husband left me and our 2 daughters aged 7 and 11. He left us with no financial support whatsoever. Now he has been deported back to the UK from Thailand (overstay on his visa) and his back living in the UK. I remain in Thailand with 2 children. He still refuses to work (he hasn't worked for over 5 years now). I work full-time and provide for the children. A little something from him would be wonderful..Can he walk away without a care in the world and start over with a consideration for the support of his two biological children Thank you for your help!

tina 03/04/2012 at 9:35 am

My child was born in Russia and got his British citizenship from the local British Embassy as me and his father were married. Later we moved as a family to the UK where we lived for about one year and half, our son was registered locally with NHS and went to the local playgroups etc. Later due to domestic violence me and our son returned back home where I filed for divorce. My (now ex) husband hired a local lawyer by who he was represented in the local court so he is well aware of all court decisions including child's support which he never objected in the court. Since the divorce (now for about 2 years) he never visited our son and never send him any financial support. My question is: as in both our contries the parent who is not in care of a child is obliged by the law to support the child is it possible for me to demand child support from him via any British authorities and how (in case it is possible)? I got a job and provide for my son on my own and to be honest I do not expect anything from his father in any way.During last years our son had 2 serious medical operations which I fully sponsored and took care of him when the child needed it most. However I just thought that if his father is entitled to provide child support, this money even if limited) could be a contribution to child's needs or even just put on some account so my son could use it for his health or education when he is of full legal age. Thank you for the advice.

ron 02/04/2012 at 8:03 pm

My daughter divorced her husband several years ago my daughter then decided to move to gran canaria for work reasons leaving her daughter in the care of her ex-husband and his new wife . Now her daughter is 13 years old and now wishes to live with her mum in gran canaria what are my daughters and granddaughters legal rights thank you

gigi 01/04/2012 at 5:05 pm

I have recently divorced my husband who is a british citizen and have since decided to move back with my 4yr old son who was also born in the uk to my country of birth. Can start claiming child support from my ex husband? He currently gives us no assistant and i am still looking for work here

saz 02/03/2012 at 10:50 pm

My family are looking to move to australia, I am divorced from my daughter aged 8 years father and she has not seen him in 18months and he has not made attempt to see her visits were sporadic before this but he stopped when I got remarried. Can I take her to Australia to live>

adnil 28/02/2012 at 6:58 pm

My child is born in UK,British cos of her dad.Me from Czech republic.Because of domestic violence and i am not entiled to benefits in this country cos i haven't paid enough contributions,i will have to return to my country.CSA has settep up child maintaince already.My question is,will i be still receiving the same ammount once in different country ??

HT 18/01/2012 at 11:25 am

I am an expecting mother currently living in Taiwan, after finding out that the father of the baby is a liar and cheater, we now have separated. However I need to get living support from him for myself and the unborn baby, and support after the baby is born too.

I am of British Citizen, the father is Taiwanese, am I protect by the UK, British Laws over here? Can I use UK Laws to take him to court and demand child support?

Nella 16/12/2011 at 11:52 pm

My now two year old son was born in Australia, and although he born in australia is not an Australian citizen. This was because the mother and myself are British citizens. The mother was given permission, by the family court in Australia, and was able to take my son to Singapore where he now lives. I have now moved back to England and recently received a letter from the Australian CSA that they have now closed my case due to no parties living in australia. I note in the article above there could be a jurisdiction issue if the mother was to make a claim against me with the uk CSA. Is that the case?

I want to pay towards my son, I want to contribute to his needs however the mother is contravening the orders in Australia and is not allowing me to see him. The are contravenng matters still pending in the Australia however the mother recognises that Singapore is not a signaturey to the Hague Convention. She also earns &450,000pa

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