Q&As

A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 10/09/2019

The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?

Section 4(1) of the Child Support Act 1991 (CSA 1991) provides that a person who is, in relation to any qualifying child or any qualifying children, either the person with care or the non-resident parent may apply to the Secretary of State for a maintenance calculation to be made with respect to that child, or any of those children, save where there is an order for child maintenance in place that is less than one year old. The jurisdiction of the Secretary of State to make a calculation upon receipt of an application is dependent upon one or both of the child’s parents not being resident with the child, the child coming within the definition of ‘child’, and both the resident and non-resident parent being habitually resident in the UK. Unless the non-resident parent fits into one of the exceptions detailed at CSA 1991, s

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