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cross-border jurisdiction

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27 Apr 09 #111217 by SAH
Topic started by SAH
I'm a british national (currently resident in the UK) and a non-custodial non-resident biological parent of a child(born out of wedlock)in Poland, a polish court decided(while I was living in Poland)child support in favour of the mother(polish national, resident in Poland), according to polish law the responsibility of provision for a child does not end by the age of majority(16?18?21?), but continues as long as the child is in FULL-TIME education(so can last until the age of 26 or even beyond that!), can I appeal to a judge in the UK to stop paying child support as the child is 16 now?could anyone tell me until what age I'm obliged to support the child according to English law?if I stop paying child maintenace can the mother ask an english court to implement a polish verdict even if it's different from english law?

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27 Apr 09 #111227 by Fiona
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Under international conventions the country where the child is settled (ie habitually lives) has jurisdiction for setting child support. There are also reciprocal arrangements for enforcing maintenance orders.

Out of interest what % of your income do you pay?

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06 May 09 #113778 by Sataranj
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See www.officialsolicitor.gov.uk/os/remo.htm - REMO - Reciprocal Enforcement of Maintenance Orders.

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12 May 09 #115714 by SAH
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thnks for the REMO link, I'm still not sure though if Polish law is different from English law, will I still be forced to abide by it by UK authorities even though I'm british citizen residing in England?

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16 May 09 #116764 by colours
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Hi, upto what point are you uptodate with CS payments, are there any arrears? Is it based on your income? Since you were not paying it thru REMO so far, how did u pay it?

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16 May 09 #116765 by Fiona
Reply from Fiona

I'm still not sure though if Polish law is different from English law, will I still be forced to abide by it by UK authorities even though I'm british citizen residing in England?


REMO is the process of registering an order made abroad nd enforcing it in the UK courts.

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16 May 09 #116786 by SAH
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to colours
hi, I am up to date with CS payments, I pay the money through a bank accunt into the mum's polish bank account, based on the sum awarded by a polish court some years ago with anual increase in line with inflation etc.., does that make a difference?what I still don't get, till what age will have to pay child support?till 23 (if recipient in full-time education or 18?)

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