Absent parent abroard

piggly-riggly

My daughters mother has decided to move and work to a country that has no remo. She has stopped paying support for her daughter - even though she said she would continue. The CSA have basically washed their hands of this.
Is it possible to have some sort of court order to make her pay the arrears when she returns to the UK?

PlayingHardball

The CSA do not have jurisdiction if the NRP moves abroad, unless they are still 'habitually resident' in the UK. The term habitually resident is difficult to determine, but you could appeal the CSA decision if you believe the ex may fall into that category and still holds ties to the UK such as owning property, or returns to the UK on a regular basis. In which case they can have jurisdication and there are several steps you need to take, the first one being appeal the CSA decision within 30 days of them issuing you notice that the case is closed, presuming there was one open?

It is a long process, but not impossible.

If she doesn't fit the above category, to be honest, you will be wasting your time, sadly. Its a loophole that people like your ex have available to them, I hope that will change in the future!

PlayingHardball

Sorry - your original questoin about the court order. I think you need to ask a solicitor, but I wouldn't think you could do this unless there was an existing court order?

AnxiousMum

What country is the absent parent in?

piggly-riggly

The absent "parent" is in Qatar.

Can she be sued for the money she owes at a later date when she eventually returns to the UK on a more permament basis?

Kimitatsu

If she is not habitually resident here then she cannot acrue arrears. So to be habitually resident she would have to live in this country for more than 50% of the time or maintain a property here whilst abroad.

Unfortunately Qatar is not a country listed under REMO so you would have no recourse that way either.

bdt1

Unless she hasn't informed CSA herself that she has moved abroad!! In which case if this hasn't been done by her, on her return to UK, it is possible that arrears will have been stacked up for the entire time she was abroad - and payable to you - so hope for her sake she informed them - in writing of course, as we know how hopeless they are, and how they tend to 'lose' records of calls etc

PlayingHardball

Hi Bdt1, even if she didn't inform them, she would be able to appeal and the CSA would not have the jurisdiction. The CSA really do wipe their hands of the NRP who moves abroad, very unlikely they would uphold this just because the NRP didn't inform them at the time, they would be able to back date a decision to when they found out nrp wasn't in the UK.

Original poster - Being that the absent parent here is in Qatar, if she is in the armed forces, then you have a very good chance. Can you confirm if this is the case?

piggly-riggly

Thanks for all your help.

Unfortunately she is not in the Armed forces

PlayingHardball

piggly-riggly wrote: »

Thanks for all your help.

Unfortunately she is not in the Armed forces

Just remember that you can appeal the CSA decision if you think it was wrong, based on the points I made earlier.

If there is nothing to prove she could still be linked to the UK as I mentioned, then I'm afraid there is nothing else to be done, but then, I don't know if a solicitor would say differently.

I can't fathom why my ex chose to move to another country and turn his back financially, and now emotionally, on his own daughter. I know how angry you are, believe me! It is just very very wrong that these people can get away with it.

Keep us updated.