Child Abduction and Child Support

sfm82

Why are you not taking on board what Kevin is saying? You do have a choice about whether to go or not, she had no right to take your children away and if I were you I would not acknowledge her right to child maintenance payments outside of the CSA until the abduction case was heard.

Are the courts in Ireland aware of the abduction case?

kevin137 wrote: »

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.

beanfro

I sincerely feel your pain as it seems like a very lamentable situation and very similar in some ways to my own situation.

I now have full custody of my daughter after my ex put me through quite a bureaucratic miasma for the past year and a half, getting the CSA the works involved despite the fact I was paying her money for our daughter on time including her nursery school fees in their entirety, but then dumping her on me out of the blue to pursue another relationship and other empty tribulations, leaving me to once again pick up the pieces in the process jeopardising my daughter's education and welfare all in one fell-swoop.

In any case, whilst I'm obviously overjoyed to no end to finally have full-custody of my daughter, the ex has now disappeared without leaving her new address or number, and although she'd be really easy for the Child Support Agency to trace as she is on benefits, I feel my daughter and I have been through too much by her hands.

As despite having constantly trying to keep the relationship between her and my daughter alive, she has made an even stronger effort to make sure it died, and all of it being very well documented and so I'm VERY, very grateful to say goodbye to her and good-riddance.

I am always there for my daughter who has now been out of nursery school for well over 7 months now, but is due to start compulsory school in September, hopefully.

However, back on topic, I appreciate you must feel very unhappy, confused and helpless in this situation, but I'd echo Kevin's advice that you shouldn't go to the hearing in Ireland due to the potential legal implications you might incur.

If you aren't satisfied with the advice on here, I'd heartily advise you to visit your local Citizen's Advice Bureau, find out when the walk-in days are and then explain your situation bringing with you any supporting documentation to help them explain to you the legal lay of the land, then if you still aren't satisfied with the advice you receive or you feel that you need more advice, then you should see a solicitor that deals with child and family matters.

If your child abduction case is then successful, I'd consider looking after your children full-time, and reporting her to the Police as her behaviour is appallingly ruinous and shouldn't go unpunished, this isn't about revenge it's about a crime against your children being allowed to slide.

Hope it all goes well, and please do update us with the outcome of the child abduction case.

fedupdad

Many thanks for your reply.

I will still attend the hearing but my position to the court is that I do not feel that it is a valid application due to the abduction hearing that is still ongoing. I will not be providing any financial details to the court and if I have maintenance awarded against me I will let my ex enforce it in the UK.

I am going because unlike her I do respect the rule of law and feel again I do not want her lying through her teeth which she would do if I was not there.

I also feel that me being there putting my case across would also show me in good light and not just a dad who doesnt care about his kids.

Anyone have any idea as to whether when it would be enforced in the UK I would have any recourse to put my case before court here or is it just the case that they look at the order and order me to pay?

Whilst I would like her to be punished after speaking to REUNITE it is now obvious that child abduction is on the increase and the police very rarely take action against the mother or father who abducts the children.

I paid through the CSA when they lived in the UK every month and it all stopped when she abducted them. I therefore feel very angry that I am being subjected to the ultimate insult by her in trying to seek maintenance from me, I have only seen my kids once in 6 months.

Anyone have any idea as to whether if the kids remain in Ireland whether maintenance payments are ever reduced for the additional costs involved in seeing them? I have calculated that it will cost my approx £2000 per year extra to see them compared to when they lived in the UK.

Again thanks for the replies it helps alot.

kevin137

It is enforced using REMO, so just because it is ordered in Eire it does not mean it is enforced immediately, there is a process...

It will be passed to a UK court, near where you live, and a hearing will be set for there. That is the one that matters, as they can refuse the order under the grounds that there is ongoing legal abduction charges against your ex, and they can in fact return it as an abduction to the court in Eire requesting the child be returned and the ex for the full hearing in the UK... At worst they will ask you to pay in the meantime, and you should ask for the cases to be heard in the same court as one. That way you get the same judge, and it should be the one dealing with the failing to appear for the court proceedings that she breached, and the likelihood of it being upheld would be nil in my mind...

At any time, certainly in the UK you can ask for an adjournment for a short period (4 weeks normally) to take legal advice if you are representing yourself, which is always a good thing to do if you are unsure. But you will only be able to do that once, at a push twice... Not that you want to drag it out, but it gives you breathing space if you get stuck and need help...

So don't worry, it is a very long way off...

fedupdad

Just a quick update.

I was in court in Dublin yesterday and my ex did attempt to gain spousal and child maintenance from me.

However the judge struck the case out and she left with nothing.

Guinness was very good afterwards.

kevin137

fedupdad wrote: »

Just a quick update.

I was in court in Dublin yesterday and my ex did attempt to gain spousal and child maintenance from me.

However the judge struck the case out and she left with nothing.

Guinness was very good afterwards.

That is excellent news...!!!

Anymore details on the reasoning behind it, what exactly did the judge say...???

And more importantly, any news on them helping with sending her back here so you can have a "legal" hearing on custody...???

I hope you get the ruling on paper for future reference, it could come in handy...

jacklink

brillliant well done xx