REMO-Reciprocal Enforcement of Maintenance Order

Kimi31

:rotfl:
Oh to be a fly on the wall eh?

PlayingHardball

Hi all,

I've had some correspondence today from the REMO country dealing with my application. They have written to London REMO to confirm that there would be a charge to me, the PWC, should they go to court in Germany and no order is made against the NRP. Of course, the UK courts are stating that REMO is free of charge, but they are rejected this statement.

Has anyone ever heard that the PWC could be liable for solicitors/court fees in the reciprocal country!?

I'm thrilled to bits that the courts here in the UK are active on my behalf, but annoyed that the other country seem to be dragging their heals (and believing ridiculous lies provided them from the NRP, in an attempt to get out of paying)

AnxiousMum

oh wow.....would it cost your ex to go to court if he chose to go himself to get custody/access/vary his child support? As I dealt with Canada, I know there would be no charge there, so this wouldn't arise in that situation. But......are they asking if you would be paying court costs or his legal fees? One of the whole things about REMO is that there is no legal representation required! If he chooses to use a lawyer, I know my ex was advised he could use a lawyer, but it would be of no benefit to him, and they would not seek costs from me.

Have you had a court date here yet PHB? The way mine was done, I had court here, he sent his evidence in writing to the court here, and they made a judgement based on the info received. It then went to court in Canada, and in your case, I would think that if he fought the decision that was being sent to Germany to be made enforceable, THEN he might have charges if he chose to defend the decision. Sounding way different to my experience!

PlayingHardball

Thanks, I'll have to talk to the magistrates court to get them to clarify exactly what the legal gobble-de-gook means! Its all like a foreigh language to me. When divorce went through, my solicitor at the time suggested I not bring child support into the divorce document, wish I had ignored her advice, as if I had done, this would have been so much quicker and easier.

PlayingHardball

Hi Anxious, I've just reread your above post again and again. So..........you think I should have been able to have a court hearing here, have an order made, then that order sent to the reciprocal country?

Why was I not told by the magistrates court when I applied for a REMO to do this? I did ask if I could, but remember being told 'no, Germany will apply for the order on your behalf'. Well, that clearly isn't happening!

So, do you think I've been lead astray, and if so, who on earth do I call to say I want to find out if I can have a court hearing here in the UK?

Now I'm thinking of giving it all up! Today I decided I'd have had a 'day off' but have now spent half of it composing a flipping letter of response to the latest correspondence received yesterday from the reciprocal country, still querying whether I have full care of my daughter because the ex has told them I don't! Good grief!

AnxiousMum

check your pm's in a minute PHB......
If you want to do what I've mentioned there - go for it

However, you might want to read this link: http://www.courtfunds.gov.uk/os/remo.htm

This clearly states the procedures - now when I went to my court here, I had to explain this to them! The REMO laws were new, and they had no idea - even the clerk in the court, and the three Magistrates - I had to explain the process to them, and they basically just went with me on it.

The Magistrates court is here to work for YOUR CHILDREN as they have jurisdiction - all the German court has to do is register any provisional order and make it enforceable - so that any enforcement agency that side of the water can enforce payment.

mico62

PHB that's absolute madness. Surely if there is a cost element to the german courts they should claim that back from your ex.

Here's something to cheer you up, I've found a smilie to remind you of our exes

PlayingHardball

mico62 wrote: »

PHB that's absolute madness. Surely if there is a cost element to the german courts they should claim that back from your ex.

Here's something to cheer you up, I've found a smilie to remind you of our exes

LOL!!!!! How rude! You'll get this thread closed if you aren't careful. That smilie looks NOTHING like my ex!!!! I thought for years he was actually gay! (nothing at all against gay men, except if you are married to one, or thought you were!)

PlayingHardball

AnxiousMum wrote: »

check your pm's in a minute PHB......
If you want to do what I've mentioned there - go for it

However, you might want to read this link: http://www.courtfunds.gov.uk/os/remo.htm


The Magistrates court is here to work for YOUR CHILDREN as they have jurisdiction - all the German court has to do is register any provisional order and make it enforceable - so that any enforcement agency that side of the water can enforce payment.

Hi AM....I am familiar with the above website. When I first found it when I started this journey, I jumped for joy! it isn't very clear though, as you can see from the excerpt I cut and pasted below:

Procedures also exist to enable an applicant to ask the foreign authorities to create an order for maintenance on their behalf. There is no need for the applicant to engage a solicitor.

Thats why I thought the courts here were doing everything correctly, but obviously there is another way to get an order! Duh, 2 years for nothing, possibly!

I've drafted a letter to the courts regarding getting confirmation from them in writing if they can apply for an order for me here in the UK, as you say they can. I did ask this question at the beginning of it all but was told 'no'. Hey ho, I won't give up! (dog to a bone).

One good bit of info for anyone reading this thread about foreign income and NRP such as ours.....

The current legislation regarding the CSA not being able to use foreign income as assessible income in a child maintenance assessment/award is being currently challenged at a high level. NACSA believe that it is only a matter of time when this loophole won't be available to dodging NRP's such as ours.

p.s. AM - hope you had fun today, and thanks for the PM.

AnxiousMum

If you want, I can't remember the girl's name, but by the end of it she was pretty clued up - I dealt with the Maidstone Magistrates Court - where I filed the papers - - the girl in family there who dealt with REMO was great, but when it got heard in my local court (maidstone was the closest that took REMO apps, but hearing was held in local court), they knew nothing. The girl in Maidstone also had another case that she was working on at the time, and was somewhat familiar with the process. Being that is one court who did it this way, you may want to call them and ask for the family officer, and ask her about the process? Just a thought -and then if your court says differently, you could refer them to her?

And oh, had a lovely day thank you Had a great meal out with son, his best friend and mum and all settled back in now

Mica.......toooooooo funny - but, not my ex either! lol