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Hi all,
A bit complicated case,
In brief: I'm a British citizen living abroad, my non British ex filed custody, divorce, maintenance (for herself as well child)in India. And now she has taken back my son to UK against an Indian Court order. But now I'm in India fighting these cases.
So just to complicate cases she has filed CMA application to my UK address (in addition one filed in India).
So my question are:
Can she file child maintenance in uk (while first one abroad is pending)?
Can I get a copy of the application She made?
Does she need to state in that application that she has not applied for maintenance anywhere else?
And Does she has to mention her current income/assets in that application?
Can I take action against her if she has to lied in that application?
Thanks in advance for your help.
Hi
I think you'd need to take legal advice where you are. In the UK, if there is a maintenance order, then CMS can't override that for a year, so my only guess (and it is a guess) is that it may also apply for the order made in India, so you may have a year (from the date of the order) before CMS can act. If she has broken the order about taking her out of the country, then legal advice over there might advise on what options you have.
I agree with actd, I can’t see that a UK authority would be ok with two separate claims going on in tandem.
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