REMO when the RP is the one moving abroad

2

Comments

  • MataNui
    MataNui Posts: 1,075 Forumite
    I can see this getting messy. Just browsing the other REMO threads suggests event a straightforward one is actually not that straightforward.

    I see a couple of issues with this one:
    The Spanish courts would need your exes income details. There is nothing in law to compel him to provide this information to the Spanish authorities and no way they can check if he tells them a total pile of BS or not. REMO is about enforcement of maintenance orders and presumably there needs to be an order before REMO can actually happen. How can an order be made without income details?

    Secondly REMO is not automatic. He can simply ignore the order and the UK courts wont routinely enforce it. The OP will need to chase it via solicitors and courts in Spain to get them to chase the UK. courts who then 'may' chase the NRP. All i can say about getting anyone in Spain to do anything to anything other than the Spanish timeframes are 'Good luck with that'.
  • MataNui wrote: »
    I can see this getting messy. Just browsing the other REMO threads suggests event a straightforward one is actually not that straightforward.

    I see a couple of issues with this one:
    The Spanish courts would need your exes income details. There is nothing in law to compel him to provide this information to the Spanish authorities and no way they can check if he tells them a total pile of BS or not. REMO is about enforcement of maintenance orders and presumably there needs to be an order before REMO can actually happen. How can an order be made without income details?
    '.

    Wouldn't a recent letter from CSA confirming his gross weekly amount likely suffice as his income details you think? They had access to his tax records and this could be easily confirmed by REMO?
  • jondav wrote: »
    I second this question (seeing as it was never answered) - when are the children going to see their father now that you have taken them abroad?

    There is a Contact schedule in place as dictated by the judge as part of the Leave to Remove court case. Whether their father actually complies with it and flies over to see their children is entirely a different matter:)

    I hope that answers your question.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Wasabi74 wrote: »
    There is a Contact schedule in place as dictated by the judge as part of the Leave to Remove court case. Whether their father actually complies with it and flies over to see their children is entirely a different matter:)

    I hope that answers your question.



    Not really, Basically he's obviously liable for child maintenance, which is fair enough, but flying isn't that cheap, as well as accommodation when there, + expense of simply being abroad. As well as obviously not having a 'normal' relationship, which includes spending regular time with both parents.


    There must be a really important reason for the move abroad.
  • Wasabi74
    Wasabi74 Posts: 50 Forumite
    edited 26 September 2016 at 3:27PM
    Guest101 wrote: »
    Not really, Basically he's obviously liable for child maintenance, which is fair enough, but flying isn't that cheap, as well as accommodation when there, + expense of simply being abroad. As well as obviously not having a 'normal' relationship, which includes spending regular time with both parents.


    There must be a really important reason for the move abroad.


    I am not going to discuss the details and personal reasons of my move to Spain with my children; all you need to know is that if that a judge heard both sides at great length and decided it was fair for me to move, then there must have been some very good reasons for it.

    I will not justify myself to a stranger over the internet, and will leave it at that. Thank you to everyone else who has helped with useful advice on previous posts.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Wasabi74 wrote: »
    I am not going to discuss the details and personal reasons of my move to Spain with my children; all you need to know if that a judge heard both sides at great length and decided it was fair for me to move, then there must have been some very good reasons for it.

    I will not justify myself to a stranger over the internet, and will leave it at that.



    Let's hope that doesn't come to bite you in the behind, if your children down the line feel aggrieved that contact with their father was prevented for some unknown reason. (presumably a new partner)


    On which note I similarly wont share my knowledge with yourself.


    Good day.
  • Guest101 wrote: »
    Let's hope that doesn't come to bite you in the behind, if your children down the line feel aggrieved that contact with their father was prevented for some unknown reason. (presumably a new partner)

    .

    Wrong. Happily single:D
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Wasabi74 wrote: »
    Wrong. Happily single:D



    In most cases sudden emigration is down to a new partner.


    Either way, whatever the reason, forget legality for a second, needs to be morally acceptable to your children. Often this isn't the case. And in many cases as children get older they yearn for more contact with the absent parent, blaming the RP, and in some cases even choose to return to the NRP.
  • Not all cases are the same though .....their father lived a mere 10 mins away from us in the UK yet he often missed his alternate scheduled weekends with them, resulting on him voluntarily not seeing them for periods of over two months at a time.

    It's not always black and white.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Wasabi74 wrote: »
    Not all cases are the same though .....their father lived a mere 10 mins away from us in the UK yet he often missed his alternate scheduled weekends with them, resulting on him voluntarily not seeing them for periods of over two months at a time.

    It's not always black and white.



    Im not the children in question, I'm simply letting you know what a common effect of such a move is.


    Him missing a weekend here and there wont be the same as being uprooted and moved hundreds/thousands of miles.
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