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International Child Maintenance and Family Obligations

International Child Maintenance and Family Obligations A Practical Guide

Author: M Barnes; D Hammond
Publisher: Family Law LexisNexis
ISBN: 9781846613302
Published In: March 2013
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The growth in international mobility means that there are now significantly more child and spousal maintenance cases which include an international element. Enhanced inter-country cooperation in the processing of such applications has resulted in more effective recovery of maintenance, so that practitioners and legal advisors need to have a good grasp of the various rules and regulations in respect of jurisdiction and reciprocal enforcement in this increasingly relevant and complex area.

This book provides straightforward guidance to the law and procedures that govern applications for new orders and enforcement of existing orders to and from abroad. An overview is provided for all available applications under domestic law, in addition to procedural guides and analysis of international law (including the EU Council Maintenance Regulation 4/2009 and the implementation of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance). The summary of enforcement procedure will equally assist legal advisors at family proceedings courts and practitioners instructed to deal with financial orders and provide advice on reciprocal enforcement.

A comprehensive review of the new statutory regime for claims through the Child Support Agency is also provided, so that clients can be advised about the new “gross income” scheme and how decisions interact with international law.

Introduction
History of Child Support and Reciprocal Enforcement
The Child Support Agency and Statutory Scheme
The EU Regulations and Conventions
Financial Remedies under the Children Act 1989
Marriage, Divorce and Dissolution
Financial Provision upon Death
Applications for Maintenance and Enforcement between UK Countries
Commonwealth and Former Commonwealth Countries
United Nations and Hague Conventions
Enforcement
Appendix
- Procedural Guides
- Legislation
- Forms

Melanie Barnes
Penningtons Solicitors LLP

Melanie qualified as a solicitor in 2007 and works in the family department of Penningtons Solicitors LLP. Her experience includes complex ancillary relief, civil claims on behalf of unmarried couples, child maintenance claims, divorce with an international element and cross-border cases involving abduction. She is a specialist in child support law under the statutory regime and currently sits on the Resolution National Committee for Child Maintenance. She has written articles for journals including Jordans Family Law and Family Law Journal, with a particular interest in international child maintenance. She is currently studying towards a PhD in Social Policy at the University of York looking at the changing dynamic of reciprocity at separation and hopes to be involved in policy issues affecting parents in negotiating contact and maintenance in the future.

With a specialist contribution by:

David Hammond
Mansfield Magistrates’ Court

David qualified with an LLB (Hons) from Sheffield University and has worked in the magistrates’ courts service since 1976 where he continues as a legal advisor. He has acquired considerable experience in international child maintenance and is also a member of the National REMO group through the magistrates’ court. He currently runs training courses on international child maintenance for legal advisors in the magistrates’ court and worked with Roger Ferguson to produce an internal guide to reciprocal enforcement for administrative staff.

Maggie Silver
Family Legal Services Manager
North & East Surrey Magistrates’ Court