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NRP CS application for overseas child

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colours
Posted by
Platinum Member

29 Nov 10 #237501 by colours

Topic started by colours

PWC and child resident abroad in a REMO country, other parent is in the UK where divorced years ago.

Is it possible for the UK parent to apply to pay CS for the overseas child? Would this be in the Magistrates court or the UK court where divorce took place?

What are the forms?

Likewise, can the UK parent also apply to receive SM from the overseas parent?

Fiona
Platinum Member

29 Nov 10 #237512 by Fiona

Reply from Fiona

As is often the case the particular circumstances are relevant. Is there an order made by the courts in England & Wales finalizing the financial settlement? If so was there a periodic payments order (maintenance) included in the settlement? What were the terms of the order, were future claims between the spouses dismissed? Was there an order for CM?

If there is no order for CM there is then the question of jurisdiction. There are different treaties between and international conventions so jurisdiction may depend on how long the child is "settled" in a country, which other country is involved and whether the child support agencies in that country are already involved.

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