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Southern Irish Court order

  • reilly
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24 Apr 13 #390798 by reilly
Topic started by reilly
I was divorced 5 years ago in Dublin. The court order was also made in Dublin at that time although me and 3 of my 4 children were and still are living in England. My ex flouts the court order which specifically states where the children are collected and dropped off.He books flights expecting me to allow my 3 children to travel alone without him.The youngest is only 12.Then when i tell him they aren''t allowed to fly without him,as stated in the court order,he deducts the money from their maintenance.My question is how can i enforce the Irish court order when i live in the UK. All throughout the divorce proceedings i was made to travel to Dublin. Can he now be made to attend court in the UK if that''s how I proceed?
Thanks

  • Child Maintenance Options
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26 Apr 13 #391028 by Child Maintenance Options
Reply from Child Maintenance Options
Hello Reilly

Thank you for your post. I am Sarah, the child maintenance Options consultant. I understand you have an Irish court order in place and your ex-husband reduces your maintenance to pay for travel costs.

You may be able to enforce your existing court order using the Reciprocal Enforcement of Maintenance Orders (REMO). This is an agreement set up via the British Government, with other countries, to enable citizens to receive maintenance if a parent lives abroad. You can find a full list of participating countries at www.justice.gov.uk/downloads/protecting-...mo-location-list.pdf.

Court staff may be able to forward the application to the relevant authority. The authority will check that the application is correct and send it to the foreign authority, or court, for registration and enforcement against the person living there. You can find out more about this process online at www.gov.uk/child-maintenance-if-one-parent-lives-abroad. Alternatively, you may wish to call REMO on 0845 345 5303 if you have any further questions about their service.

You also asked if your ex-husband would be made to attend court in the United Kingdom if you start enforcement proceedings. If you are unable to have your Irish court order enforced by REMO, you may wish to seek legal advice to find out how else you may be able to do this. Community Legal Advice is a Government-funded confidential legal service offering free advice to those eligible for Legal Aid in England and Wales. You can find their contact details on their website at www.gov.uk/community-legal-advice.

We have a sorting out separation web-app that you may find useful, it offers help and support to separated families. You can find this at www.wikivorce.com/divorce/Sorting-Out-Separation.html.

If you would like to talk to our team in complete confidence about child maintenance you could give us a ring on 0800 988 0988. We also have some other useful tools on our website to help support separated parents.

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