Resident parent abroad help...

Hi guys and gals.
Pretty new to all this so bare with me a little please.

I moved with my daughter to Norway in 2007 after a year of messy court and cafcass stuff with my ex. It turned out ok(ish) in the end and we were allowed to leave with a court order. I have to bring my daughter back to the UK every 2nd month for a week long visit with her father (it's only 5 days now as he changed it around again). She has skype/phone contact with him every third evening for as long as she wants (she's only 5 atm so it isn't usually long) and any other time she wants to talk to him.
When she starts school in August of this year, the visits will only be during the school holidays (of which it's only half) and any other time we may agree upon between ourselves.

That's the general situation explained now to the problem :

I was recieving CM from ex before we moved, however when we did, the CSA informed me that there was nothing else they could do and they would stop enforcing payments from my ex as we wouldn't be living in the UK.
When we were in court, there was no mention of CM in our court order and as such we have to pay all costs towards getting my daughter to the UK for the visits to her dad as well as all normal costs of day to day living (nursery etc - they don't start school in Norway until they are 6). We're lucky if she comes back from her dad's with a new set of clothes.

Anyway, i've heard about a schedule 1 of the childrens act, and have tried to read and understand it, but it's very garbled and it doesn't make a great deal of sense to me.

Anyone know exactly what it is in there that might help and how i would go about it please?

Sorry for the long post

Hi

Sched 1 isnt actually all that difficult, honest. Using it, you can get an order for CM, the starting point for which is the CSA calcs. You can also get an order for additional funds for such things like contact travel.

Amanda

It might make more sense looking at the application Forms C1 and C10 available to download from hmcourts website. There might be some guidance in one of the leaflets CB1 or CB3 too.

you could also probably make an application for CM in Norway and get a court order enforced in the UK - I would be surprised if Norway is not a REMO country! This might be easier for you (since then you could employ a local solicitor for the proceedings and could easily attend any court hearings in Norway). If you need any recommendations for solicitors (for schedule 1 in England) send me a mail (I've just been through the whole process!).
Good luck!

So here's the latest :

I spoke to my last solicitor and he advised me that i should speak to my ex and ask him about paying CM first. I did this and got the answer that he 'isn't willing to give me money but will get whatever littlun needs if i send him a list'.
I relied that i had spoken with a solicitor and that they had said he should speak with 1 as they would advise him that we can go to court over it, but it would cost both of us loads of money but the outcome would be the same.
His reply? You got my address, i'll be waiting for a letter from your solicitor!

What am i supposed to do with that?
From what i can understand, to take him to court, it is going to cost us an arm and a leg, which we just don't have to spare. Even getting a solicitor on our side is going to cost more than we have....believe me, if we didn't have to, i wouldn't be asking ex for a thing.

This is just getting me really down as i'm totally confused and not sure where or what to do next. Can someone help please?

you could write your ex a letter asking him to make a constructive proposal for CM. Set him a deadline, too. If he doesn't reply you put him on notice that in the absence of any constructive proposal you will have to start court proceedings...
My sol wrote a couple of letters before proceeding with a court application. In the end it helped a lot - to get a cost order made against my ex. It also took approx 2 years time though

Just another idea: did you check if you could get some CM advance in Norway? I know that some European countries give cash advances (in the case where the NRP doesn't pay up! - they will then chase the NRP for repayment). Also, you could start court proceedings in Norway - this might be more convenient (and less expensive?) for you.

As Amanda said it isn't that difficult to make a Schedule 1 application yourself and it would probably be quicker and cheaper than applying for CM in Norway and using solicitors. Worthwhile comparing how much CM is likely to be awarded in both countries though.