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Re: Polygamy .... Bigamy !!!
I've got some more info too, from a FOI request
- https://www.whatdotheyknow.com/reque...%20VTR1163.pdf
so ... by the looks of it, if there is no convention/agreement in place between the UK and the country the mother and child live in I think there would not be much she can do.
I've got some more info too, from a FOI request
- https://www.whatdotheyknow.com/reque...%20VTR1163.pdf
Your request:
Please supply the following information.
(1) When an ex-partner leaves the UK taking the child with them to a country wherethe CSA has no jurisdiction the case is then closed?
Please supply the following information.
(1) When an ex-partner leaves the UK taking the child with them to a country wherethe CSA has no jurisdiction the case is then closed?
Our response
The Child Maintenance and Enforcement Commission (the Commission) took overresponsibility for the Child Support Agency (CSA) from the Department for Work and Pensions (DWP) on 1 November 2008.
Response 1
The Commission’s jurisdiction in relation to the statutory child maintenance schemesis defined by section 44 of the Child Support Act 19911. Section 44 requires that the parent with care, qualifying child and the non-resident parent involved in a child maintenance case are “habitually resident in the United Kingdom”. The Commissiondoes not have jurisdiction to assess an application or to continue to charge ongoingmaintenance once it is notified that any of the relevant parties have ceased residingin the country.
In situations where a parent with care and the child(ren) move abroad, theCommission does not have the jurisdiction to pursue ongoing child maintenance payments but it does have the power to pursue any arrears owed .
While it will vary from case to case, on some occasions the Commission may be able to take enforcement action in respect of any assets in the UK belonging to the non-resident parent, such as imposing a charging order against any property in the UK. Debt collection agencies used by the Commission collect historic arrears rather than ongoing child maintenance payments.
Outside of the Commission’s jurisdiction, parents with care living abroad might beable to use Reciprocal Enforcement of Maintenance Orders (REMO) to enforce child maintenance orders. REMO is the process by which maintenance orders made by UK courts, on behalf of UK residents, can be registered and enforced by courts orother authorities in other countries against people resident there.
This is a reciprocal arrangement governed by international conventions, whichmeans that foreign maintenance orders in favour of individuals abroad can likewisebe registered and enforced by UK courts against UK residents; or a maintenanceclaim by an individual abroad established in this country.
If a parent with care and the child(ren) live abroad and the non-resident parent lives in the UK, the parent with care may apply through their own government or legal system if that country is a signatory to a relevant international convention. The precise nature of reciprocity available between the UK and another jurisdiction depends on the convention or agreement to which the other country is a signatory.
The Child Maintenance and Enforcement Commission (the Commission) took overresponsibility for the Child Support Agency (CSA) from the Department for Work and Pensions (DWP) on 1 November 2008.
Response 1
The Commission’s jurisdiction in relation to the statutory child maintenance schemesis defined by section 44 of the Child Support Act 19911. Section 44 requires that the parent with care, qualifying child and the non-resident parent involved in a child maintenance case are “habitually resident in the United Kingdom”. The Commissiondoes not have jurisdiction to assess an application or to continue to charge ongoingmaintenance once it is notified that any of the relevant parties have ceased residingin the country.
In situations where a parent with care and the child(ren) move abroad, theCommission does not have the jurisdiction to pursue ongoing child maintenance payments but it does have the power to pursue any arrears owed .
While it will vary from case to case, on some occasions the Commission may be able to take enforcement action in respect of any assets in the UK belonging to the non-resident parent, such as imposing a charging order against any property in the UK. Debt collection agencies used by the Commission collect historic arrears rather than ongoing child maintenance payments.
Outside of the Commission’s jurisdiction, parents with care living abroad might beable to use Reciprocal Enforcement of Maintenance Orders (REMO) to enforce child maintenance orders. REMO is the process by which maintenance orders made by UK courts, on behalf of UK residents, can be registered and enforced by courts orother authorities in other countries against people resident there.
This is a reciprocal arrangement governed by international conventions, whichmeans that foreign maintenance orders in favour of individuals abroad can likewisebe registered and enforced by UK courts against UK residents; or a maintenanceclaim by an individual abroad established in this country.
If a parent with care and the child(ren) live abroad and the non-resident parent lives in the UK, the parent with care may apply through their own government or legal system if that country is a signatory to a relevant international convention. The precise nature of reciprocity available between the UK and another jurisdiction depends on the convention or agreement to which the other country is a signatory.
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