Resident parent abroad, can I claim maintenance?

Last year I applied to the court for a 'Leave to remove' my son to Kuwait where my new husband and I had gained employment. The court awarded in my favour, however, my son was deemed to have habitual residence in the UK, as do I.

I should have asked for maintenance from my ex but was so preoccupied with fighting for my son that it didn't seem important.

Things are going well but my husband and I are paying out a lot for my son: school fees, uniforms, books, after school activities etc. Although we don't mind, my son's father pays nothing, he does however pay half of my son's airfares, three times a year to return.
He also has regular contact,we have kindly asked him to contribute but he refuses.

My question is, can I apply to the UK courts for maintenance for my son I will be home for 1 week at Easter and 5 weeks in the summer.

Thanks

I imagine the major part of this claim is for the school fees. Did you and your ex plan for your son to go to private school whilst you were together or has the fees issue arisen because you are abroad and that is the norm in Kuwait?

Thanks for the reply.

To be honest I just think he needs to pay something towards the up keep of his son, he pays nothing. I work in the school so get a discount and in Kuwait only Kuwait children can go to a government school. Otherwise ex pats have to pay. My ex took me to court to prevent my son leaving. Whatever I did, he would not agree to.

I just wondered if I could at least take him to court for some kind of maintenance for the upkeep of our son.

Not really bothered about the school fees a nominal payment would help at this time.

Thanks

hello, an appliction to the c s a would not be successful as the resident parent has to be habitually resident in the uk. if you are a member of the armed forces, posted abroad but have a permanent residence in the uk, then you would be able to but you would have to provide evidence. i believe the courts work on the same principle.

Thanks for that... guess he's going to get away with paying nothing! Thanks for all your help

hi i missed in your original message that the courts have awarded you habitual residence status in the uk. in that case you should be able to apply to the csa when you come back for a few weeks. you would need a bank accoount in the uk for payments into, maybe a relatives who could then do a transfer to you in kuwait. you would need to prove habit res to the csa , so any documents would be useful relating to this.it can be done, trust me, but you will need to make sure you speak to an experienced officer , preferable a team leader as many inexperienced officers may fob you off.let me know if you need help or guidance on this, i can point you in the right direction.

Thank you so much for that, however, I made a mistake, it's my son who has habitual residence in the UK.

What is habitual residence and how do I get it? Do I have to pay tax because if so, it's not worth applying for maintanence! It just galls me that he gets away with paying nothing and making demands and threats on me here and believe me I have thoroughly cooperated for the sake of my son!

Any information would be beneficial. Thanks again.

Flowerpower!