Ex moving to Australia (filed a Specific Issue)

Hi,

I am looking for info on financial matters after knowing my ex is flying off to Australia with our kid.

Background: My ex had our child after we separated, its proven mine and I am paying monthly maintenance via CSA as per 15% calculations. We divorced last year and I paid almost £50k for ex to purchase house and settle with our kid.

I have no contact with my ex or our child after separation and personally, no feeling towards to the child too.

Now, ex has filed a specific issue in courts and Cafcass have sent me their 1st letter.

Overall, being on the good side, I am not comfortable with the fact my ex is going away from the country with no assurances of good use of all money paid to her (mainly for my child)!

Can I please know:

1. Is there anyway I can claim back the £50k I had paid to her before giving consent to move out of the country?

2. What happens to CSA payments? Would I be asked to pay child maintenance to her in Australia? - I tried looking for this info everywhere, but couldn''t find it.

3. If yes to 2, would there be a difference in payments/calculations?

Thanks!

If there is court order settling finances on divorce the settlement is final and can''t normally be revisited. Even though your ex is moving to Australia she will be responsible for housing the child you had together for many years to come.

The courts rather than the CSA has jurisdiction for child maintenance when one parent lives abroad and there are arrangements for the Reciprocal Enforcement of Maintenance Orders with Australia.

In the UK the courts use the CSA rates as guidance but there are additional factors the court must take into account such as the financial resources of both parents and the finances (if they have any!) and needs of the child. Expenses related to contact and travel can be considered when there is contact. Child maintenance can be agreed or imposed by the court during the court proceedings.

Alternatively your ex could apply in Australia for child maintenance where the rates tend to be higher once the child habitually lives there.

Hi Fiona, Thanks for your quick response.

I just saw this in another post:
"However the CSA here has no jurisdiction when one parent lives abroad, the courts do and they can make an order to set/vary child maintenance. The Australian authorities have no powers to compel a UK resident to pay support."

My ex is claiming to be jobless/homeless, etc here. It was the same during our divorce which resulted in max payouts from me to her! She is moving to live with her family in Australia and may claim the same. I feel my ex will attempt get max possible payments is this situation too and I want to make least possible payments. (Please avoid giving any ethical responses to this statement!)

I have a few more questions:

- How does the court rates vary from the standard 15% income for someone who is already paying via CSA?
- If UK courts consider additional factors, would they be of current times or when they move over to AU?
- How can future factors be considered? As I know she will have rent free accommodation, travel, etc. in AU.
- If the court rates may work to be higher, can I do anything to fix current payments?
- Is it possible and advisable to fix UK rates to avoid AU rates, if she goes there and claims for higher amounts?
- Can I ask for contact and travel costs if there has been no contact yet? What other costs can I claim for minimal payments?
- If UK courts has jurisdiction, how and where do I make the payments after they are gone to Australia?

Thanks.

Australian orders for child maintenance can be enforced through the REMO procedure in the UK courts.

"- How does the court rates vary from the standard 15% income for someone who is already paying via CSA?"

Although the CSA rates are usually the starting point each case is treated separately and the court doesn''t have a standard rate. That means chip maintenance can be more or less than CSA rates.


"- If UK courts consider additional factors, would they be of current times or when they move over to AU?"

The consideration would be the present and foreseeable future.


"- How can future factors be considered? As I know she will have rent free accommodation, travel, etc. in AU."

It''s a case of looking at the documentary evidence of your ex''s income needs and comparing it with the documentary evidence of your disposable income and ability to pay once your living expenses have been deducted from your income.

"- If the court rates may work to be higher, can I do anything to fix current payments?"

Usually it is better to negotiate and compromise to reach agreement that can work for everyone rather than risk having a court impose an order which neither parent is happy with.

"- Is it possible and advisable to fix UK rates to avoid AU rates, if she goes there and claims for higher amounts?"

I don''t think there is very much you can do. Once the child has been living over there for sometime your ex could apply for CM in Australia although the costs might act as a deterrent if there is already a UK court order and you don''t let payments fall into arrears.

"- Can I ask for contact and travel costs if there has been no contact yet? What other costs can I claim for minimal payments?"

That could be tricky as you say there is no contact and you don''t have a bond with the child.

"- If UK courts has jurisdiction, how and where do I make the payments after they are gone to Australia?"

YOu can agree to make electronic payments into a specified account either here or in Australia.

Hi William,

Thanks for the information.

My issue is: Me and my ex are not in talking terms. We have no family contact too and I would like to leave it that way.

The only conversation we have done since our split is via courts.

Is there a way to force mediation (as that option was never chosen)? Or make family arrangements without contacts?

Thanks

Hi,

Update on my case:

There was a court hearing for my case in May and was adjourned to 1st week of June due to me not receiving a copy of the application or related documents.

I have yet not received a copy of the application and just received a letter from the court stating:

"It remains necessary to decide the following remaining issues in order to determine wheather should live with her mother"

Related questions:

1. As I am not a legal expert, what does "Live with her mother" mean? My child is already living with her mother and I have had no contact arrangements since birth.

2. Does these lines involve the fact the mother can take the child out of the country?

3. The court has stated they would send lodge a paginated and indexed trial bundle and send/deliver a copy to Cafcass on 3 days before the hearing.
- I am not sure if I will receive a copy too? What is the usual?
- Even if I do get the copies somehow, I will only get 3 days to seek legal representation, can I ask for more time?

Besides, I am still seeking answers on my last post: Is there a way to force mediation (as that option was never chosen)? Or make family arrangements without direct contact with the mother?

Thanks!