Child Abduction and claiming benefits

UKQuestion

Hi

Does anyone know what the rules are regarding claiming working tax credit, child tax credit, child benefit and housing benefit when your child has been abducted to another EU country by the other parent?

This was in breach of a UK Residence order in which both parents have shared residence for the child, the child lives with the mother and father during the week at times set out by the court. The court order clearly states that it is a criminal offence to remove the child from the UK for a period longer than 1 month without written permission from the other parent or permission from the court.

Legal proceedings have been taken to return the child from the other EU country using The Hague Convention and Brussels II legislation. The other EU countries court has refused the other parent custody of the child as the UK courts still hold jurisdiction due to the current UK residence court order and now the matter is being heard in the UK High Court.

Any help or advice would be greatly appreciated during this very stressful time.

Thank you

Valli

http://www.hmrc.gov.uk/childbenefit/start/who-qualifies/child-lives-someone-else.htm

Deals with children not in the UK.

I do not know what the rules are BUT I would strongly advise you/the person on whose behalf you are posting to make the relevant agencies aware of the situation.

clearingout

are you currently in receipt of these benefits and your child is no longer with you (pending legal proceedings)?

Voyager2002

What a nightmare! I hope very much that you have a good lawyer, and that the other country is not Germany (by the sound of things it is not, since the authorities there seem to be cooperating).

Do you have an estimated date for the child's return? If so, I suggest you telephone the Child Benefit people and say that the child is visiting relatives elsewhere in the EU but will return on such and such a date. Eligibility for Child Benefit usually triggers the other benefits you mention.

sulkisu

You really need professional legal advice on this - your lawyer should be able to answer these questions for you.
Good luck - sounds like a nightmare.

chrisbythesea

You need to notify HMRC ASAP.

allen35

The child can be absent for upto 56 days and still be treated as living with you, wise to inform HMRC of the current circumstances and keep them updated.

Voyager2002

sulkisu wrote: »

You really need professional legal advice on this - your lawyer should be able to answer these questions for you.
Good luck - sounds like a nightmare.

Lawyers who specialise in family law tend not to know the regulations about benefits. And it does not make financial sense to get a lawyer to answer a question that the benefit office can answer.

nannytone_2

im sorry to hear of the OP's situation.
the benefits system however, is very black an whiye.
to claim qtc as a lone parent and to receive ctc for that child.... they need to be living with the OP.

again i can sympathise with the OP#s situation.... but the state wont continue to pay for a child that doesnt reside with the claimant for whatever reason

skateykatey

nannytone wrote: »

im sorry to hear of the OP's situation.
the benefits system however, is very black an whiye.
to claim qtc as a lone parent and to receive ctc for that child.... they need to be living with the OP.

again i can sympathise with the OP#s situation.... but the state wont continue to pay for a child that doesnt reside with the claimant for whatever reason

Errr, the 'state' can pay and does pay CTC for children living in an EEA country. It's covered in European regulations as it is an exportable benefit.

UKQuestion

clearingout wrote: »

are you currently in receipt of these benefits and your child is no longer with you (pending legal proceedings)?

Yes the Child has been abducted by the other parent and is currently living in a different country pending the outcome of the UK legal proceedings