NKT

Hi,

I am new on this site and was after some advice if anyone can help.

My husbands ex partner who lives in Guadeloupe (French Island) which is under French laws is now asking for child maintenance for their son who is 17 years of age.

My husband came to the UK in 1996 and his ex partner refused all contact with their son from the age of 6 whilst she was living in France and Guadeloupe with her new partner.

Can anyone tell me, does she have the right to ask for child maintenance now? and what rights has my husband got?

Thanks.

MrsFychan

best please to ask this would be in the French forum France - British Expats

my personal initial thoughts and these are only thoughts are it would depend on where the child was born.
If born in France and then your partner left the country then the laws of France would be enforced. I believe child maintenance stops at 16 in the UK if the child leaves full time education and is payable up to 19 if the child stays in Full time education but they have to be studying at a certain level to qualify for payments.
Not sure if that is the same in France but having a search it appears also they have to be in education after a certain age. I also saw that if a parent wants to cease maintenance payments they have to apply for a court order. so unless you have a formal maintenance order to pay I think it could be hard for her to insist you start paying now especially with the child coming up to the age when it could possibly all stop, but you may feel that you want to pay as the child is yours.
the other information people may require is was your partner married at the time and was his name on the birth certificate. Its required in the UK but not sure about France.

Soozi

There is an international treaty which deals with these issues (The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance). Both the UK and France are signatories to the Convention. There are also EU regulations on the subject. You need to consult a family law solicitor in the UK who will be familiar with the issues and able to give you proper advice.

As a general rule, the international agreements assume that both parents have financial responsibilities towards the child, and this does not necessarily cease when the child reaches legal majority.