Can I get maintenance from british absent father living in OZ?

[bexta]

:tinysmile_hmm_t2: Hi....am new to this....here goes! Myself and my husband and children emigrated to V:tinysmile_hmm_t2:IC, Australia in 2007. After my husband left me following a divorce and relaed domestic violence, I returned to the UK with my children. In the ensuing time, he has not paid anything to support the children. While I have a teaching job, life is tough and I feel that he should be contributing to their upbringing. Despite trying to negotiate with him, nothing has been forthcoming. I have been to a solicitor to try the legal route, but his obstructiveness coupled with escalating costs, has meant that I have had to put this on hold. I understand that the Uk CSA has no reciprocal agreement with the Australian equivalent unless the absent parent is employed by a UK government agency, or unless a judgement had been made by The UK CSA prior to moving to Australia. Can I claim or request an assessment directly from the Australian CSA? My husband is a high earner and he is employed by the Department of Justice, a Victorian/Australian Government agency? I have tried to settle this with him and asked him to transfer 'pocket money' directly to the childrens' accounts, but he has not shown willing. I AM NOT after any payment for me, simply so that the children can have the things they used to have and need. The marital home was sold by my husband after I stupidly signed the house over to him, he had promised to pay me half. This did not happen. There was not a lot of equity in the property. I am unable to fund solicitors bills to sort this mess out. I support my children completely and am happy to do so, but I feel that he should help a little with their day to day needs. Sorry for the length of this post, but this is a result of 3 years of pain and indecision. Thank you to any one who can help.
Bexta x

[strangewayofsavin]

Re: Can I get maintenance from british absent father living in OZ?

British law cannot superseed Austalian law, and to take a court case abroad will cost £1,000's of pounds, but it may benefit you to write to the British consulate in Australia to see if they can give advise, it may also pay you to talk to the u.k CSA, dependant on if you was married in the U.k, If you was married in Australia then you may wish to talk to the appropriate branch in OZ, either way I would have thought as a divorcee, your case would be subject to either law, and dependant on which side of the commonwealth, you could be intitled to leagle aid in either country.

[bluebottle]

Re: Can I get maintenance from british absent father living in OZ?

Although the marriage was solemnised under English Law, it was dissolved under Australian Law and, therefore, Australian Law has precedence in this case, as Strangewayofsavin correctly states.

The best advice I can give at this moment in time is to contact the Legal Attache at the Australian High Commission, in London. Their contact details are as follows -

Australian High Commission
Australia House
20 Strand
London WC2B 4LA

Tel.: 0207 379 4334

Website: Home - Australian High Commission