Child Abduction and Child Support

sfm82

How is the court case relating to the abduction going?

IMHO I would concentrate on that rather than on the child maintenance contributions.

Seeing your children and bringing their mother to account for blatantly abducting them is more important.

Valli

I would, if I were you, take documentary evidence the child support was being paid by you, through the CSA, up to the point where she left the country and that the CSA would no longer collect child support to pass to the mother once she left the UK in addition to evidence that she left the UK having applied to leave the UK but prior to the decision being made.

You're not really in a position to 'concentrate' on the abduction when she has started a case in her new country of residence for child support, IMO.

I do think attending the hearing in Dublin will put you in a good light; have you got a solicitor in Dublin?

fedupdad

Thanks for the replies.

My abduction case is now being set for trial in the UK within the next three months. I hope justice will win through but being a dad certainly doesnt help things.

As for attending the maintenance hearing in Dublin I am mainly concerned that without my presence my ex-wife will have an opportunity to say whatever she likes without me being able to actually tell the court the truth as I doubt she would have told the court she abducted the kids.

They have asked me to complete and income and expenditure sheet to produce to the court, would anyone actually do that or just simply make it clear to the court that I will not make any payments until the abduction case is settled?

kevin137

Valli wrote: »

I would, if I were you, take documentary evidence the child support was being paid by you, through the CSA, up to the point where she left the country and that the CSA would no longer collect child support to pass to the mother once she left the UK in addition to evidence that she left the UK having applied to leave the UK but prior to the decision being made.

You're not really in a position to 'concentrate' on the abduction when she has started a case in her new country of residence for child support, IMO.

I do think attending the hearing in Dublin will put you in a good light; have you got a solicitor in Dublin?

And again, by attending and addressing it may well out him in a "good light" However, if he agrees to pay then it is tantamount to agreeing that the children have a right to be there and as such will support them... The ONLY issue that needs addressing is wether the Court in Dublin can in fact make a decision when the children in question are subject to another hearing in another country, and if in fact he proves that case, then there is NO case to hear as they are in fact illegally in the country and not able to make a claim in the 1st place...!!!

ANY agreement about money now is fundamentally wrong and will harm any case you have to have the children returned... You do not need a solicitor to do anythign there in Dublin, you need a representative of the UK embassy to attend and confirm proceedings and the proof that those proceedings actually happened. The court should then act accordingly....!

HoneyNutLoop

Hi,
These links and organisation may be able to offer you more help and advice with your situation:
https://www.gov.uk/international-child-abduction
http://www.reunite.org/aboutus.asp
Ireland is signed up to the Hague Convention, so hopefully that will be of some benefit.

I'm afraid I'm unable to offer any more specific advice, but I wish you the best of luck in getting your children returned to the UK.

Valli

Would I be right in thinking that, in any case, the Irish court will NOT be able to force a non-Irish resident to pay Child Support or will the fact that they too are an EU country have an impact?

fedupdad

Valli,

I believe it could well be enforced under REMO. I dont intend to pay a penny to her at this stage. I ideally wish to wait for the abduction issue to be resolved.

Anyone have any ideas on how long the REMO process takes?

kevin137

It would be enforced by REMO, but for that to happen any amount ordered by an Irish court would have to be rubber stamped by an English court, and as there is an abduction pending, NO english court could rubber stamp that.

Meaning it could not be enforced anyway.

Attend, so cause for resistance of paying subject to the abduction in the UK, and instruct that Child Support will be paid on the childs return to the UK for the court hearing regarding the abduction only.

The only other thing i would possibly add is that any enforcement in the UK will be transferred to the court dealing with the abduction, and you will be filing with the police for further charges for obtaining money by deception as well. It's a long shot, but if she id demanding money for CS and she does not have the legal authority to do so, then she is deceiving the court and if successful in Eire could result in charges in the UK.

sfm82

fedupdad have you decided to go to the hearing in Ireland?

fedupdad

Yeah I am going to the hearing in Ireland. Dont have much of a choice really.

Any advice?