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Maitainence enforcement in England

  • 11-10-2011 10:05pm
    #1
    Katie10
    Registered Users, Registered Users 2 Posts: 31 ✭


    Has anyone had any experience in pursuing a father for maintainence of a child after him moving to England? An address is all there is to go on.


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    If you have a maintenance order already and have an address in the uk, file this application in the district court that granted the maintenance order
    http://www.courts.ie/rules.nsf/53bd32841fc5bbf280256d2b0045bb5d/51555da2565b8e6c802576390056f97b?OpenDocument

    The District Court will forward the maintenance order to the UK authorities for enforcement.


  • #3
    Katie10
    Registered Users, Registered Users 2 Posts: 31 ✭Katie10


    Afraid no maintenance order yet. Am only starting out on the whole legal thing. All I know is that the solicitor got leave to serve him in the Uk and the hearing is fixed for 3 weeks time.But I fully believe he won't turn up so I don't know what that would mean


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    The court can make a maintenance order in his absence, it can then be enforced in Britain.


  • #5
    Katie10
    Registered Users, Registered Users 2 Posts: 31 ✭Katie10


    His nameon birth cert- am sure that this would prevent a court from making an order?


  • #6
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Katie10 wrote: »
    His nameon birth cert- am sure that this would prevent a court from making an order?

    Can you clarify the question - are you asking if having the fathers name on the childs birt cert means he can't be pursued for maintenance ?


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  • #7
    Katie10
    Registered Users, Registered Users 2 Posts: 31 ✭Katie10


    Sorry unfortunately his name not on birth cert


  • #8
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    My thinking is that his name not on the cert while not making your case easier would not prevent you from getting a maintenance order against him.


  • #9
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    Also you would have to seek leave from the court to serve him papers outside the jurisdiction.


  • #10
    Katie10
    Registered Users, Registered Users 2 Posts: 31 ✭Katie10


    That is all done. No reply back from him. Court is next Wednesday week. Solicitor pretty sure at this stage the summons was signed for. But I can't see him turning up in court. The solicitor said an order would be made if he doesn't appear but I worry about enforcement??


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