child maintance
 

Hi guys

Does anybody know whether i can claim child maintance when i move over to Brisbane with my children. I am divorced and the children's father will remain in the uk.

Any infomation will be grateful please... :)


Thank you

Re: child maintance
 

Hi,
No you can't. When I asked my girls Dad about the statutory declaration he tried bribing me to stop his maintenance payments or he wouldn't sign it :mad:
He also contacted the CSA who promptly sent me letter stating that I had to inform them when I was leaving the country. I rang and asked them about claiming from abroad and they said that I can't. I don't know why, possibly because you are removing his access to the children (not that he has bothered with them for the last 10 years :( )
I don't know if there is any other way you can go about it.
Tracey.

Re: child maintance
 

Thank you Tracey.
Im having problems at the moment to. I'm just going through the divorce and formating a formal agreement through solicitors to get him to allow me to take them out of the counrty. I will take him to court and get full custody if i have too.! My ex husband too was not that bothered about spending time with the children when we were togther but now! ! Long road ahead i guess ! Thank you .... :D

Re: child maintance
 

It's amazing how they change their minds when threatened with court (+ costs!!). The form was signed pretty quick after he got the solicitors letter saying that's what we were going to do.
Tracey

Re: child maintance
 

Good Luck.
I hope everything turns out well for you. I am sure it will all be worth it in the end :)

Re: child maintance
 

Thanks Tracey, i'll keep you posted. :beer:

Re: child maintance
 

I think you are all living in cloud cuckooland..........

A British Judge will not allow a British Citizen to leave the country permanently against the wishes of a British Citizen parent.

Unless you can prove that the other parent is abusive then that's a different matter.

However being an abusive parent does not equate to being a shit parent.

Re: child maintance
 

Surely a parent who has not bothered with their kids for 10+ years and sees them as a financial burden (nothing more, nothing less). Then that equates to a s**t parent.
If that parent doesn't care what happens to them why should they have a say in where they live?

Re: child maintance
 

as I said, being a shit parent doesn't equate to being an abusive parent.

parents still have rights, and as I said.
A British Judge will not allow a British Citizen to leave the country against the wishes of a British Citizen parent.

You need to come to an amicable arrangement here. If it goes to court because he doesn't want the kid to leave the country then he will win, it's irrelevent as to whether or not his motives are vindictive or not.

Re: child maintance
 

As I put in my post earlier :rolleyes: I did not have to take my case to court. As soon as he thought it might go to court and God forbid, cost him more money he promptly signed.
I am not disagreeing with your point on British judges I am simply stating the facts in my situation. My kids father doesn't really give a toss as to where they live as long as he doesn't have to fork out money for them. Again proving that he is indeed a s**t parent.
I don't remember anybody(prior to yourself) mentioning anything about him being abusive!!

Re: child maintance
 

the abusive thing was a rule of thumb, I wasn't pointing fingers directly.

Re: child maintance
 

fair enough :)

Re: child maintance
 

Child maintenance is still required to be paid as he is still the father and will be still responcible. Making him pay or any child support agencies acting on it is another thing.

We told the ex not to pay child maintenance for him to save the money so can come out and visit etc. I was going to pay half for him to fly here, but could he manage the other $1000???

Re: child maintance
 

CSA Australia has a reciprocating arrangement with the UK CSA, and should be willing to enforce a UK maintenance order.

http://www.csa.gov.au/guide/1_6_1.htm

Also, to say "A British Judge will not allow a British Citizen to leave the country against the wishes of a British Citizen parent" is simply not true, even without the parent being abusive. A court order can and will be granted if it is thought to be in the best interests of the child.

Re: child maintance
 

yup yup.