Q&As

Where child maintenance has previously been paid under a voluntary agreement (written or verbal) and no court order is in place, is this sufficient for REMO to take steps as to enforcement? If a court order is required, in which court should proceedings be issued in where the divorce proceedings were in England and Wales and the father is resident in another (non-EU) jurisdiction?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 18/09/2018

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:

  • Where child maintenance has previously been paid under a voluntary agreement (written or verbal) and no court order is in place, is this sufficient for REMO to take steps as to enforcement? If a court order is required, in which court should proceedings be issued in where the divorce proceedings were in England and Wales and the father is resident in another (non-EU) jurisdiction?

Where child maintenance has previously been paid under a voluntary agreement (written or verbal) and no court order is in place, is this sufficient for REMO to take steps as to enforcement? If a court order is required, in which court should proceedings be issued in where the divorce proceedings were in England and Wales and the father is resident in another (non-EU) jurisdiction?

An informal agreement reached between separated parents as to the payment of child maintenance is not equivalent to a court order. Whether or not the informal agreement is in writing, it is not legally binding and cannot be enforced as though it is.

This Q&A refers to ‘REMO’ taking steps to enforce an agreement. REMO is a reference to the Reciprocal Enforcement of Maintenance Orders Unit which assists with the registration and then enforcement of child maintenance orders internationally. Unfortunately for a resident parent who has nothing other than an agreement in place with the non-resident parent, REMO will not enforce an agreement. REMO relies on there being a maintenance order made in a court in England and Wales which can then be

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