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i apologies in advance if this has already been put forward but id like to get this off my chest and id be grateful of any advice.
in a nutshell:
my ex wife prevented me from seeing my child for 3 years. last october i took a barrister to a family court to seek and be granted access to my daughter. Although i was granted access by the judge and won my case, my ex actually turned up in court to request my signature to remove our child from the uk and immigrate with her new husband and children to australia. i granted them permission to leave and i also signed over parental responsibility to the new husband. however, the judge back in october put in place 11 orders she must follow. various orders ranging from providing school reports and photos to sending me email updates and text messages. Since that court date i have received absolutely nothing. not a call a text or an email.
now, frustratingly i have always maintained CSA payments and never argued paying for my responsibility- however, as the CSA has not disbanded - should i just save the money for my child and await someone to come running and complaining to me. or should i just stop and await some sort of australian court order?
look forward to hearing from anyone....
carl
Hello MILKY2000
Contact and maintenance are not linked in law and should be treated as separate issues. If you are unhappy with your ex-wife not adhering to your court order, you could seek legal advice.
Neither the Child Support Agency (CSA) or the Child Maintenance Service have jurisdiction in Australia so it is, of course, up to the two of you to decide on the terms of your maintenance arrangement. However, as you mentioned, if you do stop paying, your ex-wife could indeed apply for a court order via the Reciprocal Enforcement of Maintenance Order (REMO). This is an agreement between the British Government and various other countries which enables maintenance arrangements to be set up when parents live abroad.
The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.dad.info/divorce-and-separation/sorting-out-separation
Regards
William
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