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  • flowerpower friday
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05 Jul 09 #128873 by flowerpower friday
Topic started by flowerpower friday

wondered if anyone can help? In court tomorrow, my ex is seeking Mirror Order (even though I now have leave to remove, will be back regularly, have family here I am close to, my husband's children are here, I have a house here: strong UK links - Judge didn't put this into place before because I think he appreciates I am a woman of honour) Who usually pays for this? Am I within my rights to refuse?

Also can I ask for maintenance to be paid for my child via an order in the Court. I am going to a non Hague Country, but surely the order, if I can ask for maintenance, would have to be upheld here?

Any information, advice would be very appreciated because I am going tomorrow - it's late in the day because I only found out on Friday what would be happening in Court on MOnday!


  • BreakupAngelsKirsten
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06 Jul 09 #128983 by BreakupAngelsKirsten
Reply from BreakupAngelsKirsten

Happy to help here but with the understanding this is not legal advice.

Re. mirror order. If you were only served on Friday, can you reasonably be expected to take legal advice and present your side? Have you considered asking for an adjournment to prepare your case?

Re. child maintenance. I don't know the details of your case but generally courts don't get involved unless its a mutual agreement (to pay.) I suggest you download this document from the Child Maintance Options www.wikivorce.com/divorce/Children/Child...ney-and-Finance.html

How the leaflet can help you:

The leaflet tells you about:
• the options available for arranging child maintenance
• how to set up a child maintenance arrangement
• how you might negotiate with the other parent
• how to calculate child maintenance and what you might pay or receive
• practical steps forward and useful organisations that can help you.

Good luck.

  • Fiona
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06 Jul 09 #128994 by Fiona
Reply from Fiona
Seeking a mirror order is common during leave to remove proceedings to mirror the order made in England & Wales in the foreign country. In this particular case I believe you have good arguments as to why no mirror order should be made. However, if the court orders one is to be sought and you pay the costs there isn't much you can do about it. The argument is you want to move abroad then why should the father pay the costs involved.

Courts do have the authority to order CM when one parent lives abroad but may be reluctant to do so when the father lives in the UK and the CSA can deal with the claim. Additionally courts can top up payments if the father earns more than the CSA capped amount of £2k/ week or for school fees. However, a judge might also take into account any traveling expense the father might incur and reduce the amount. Child maintenance can be agreed in a Consent Order.

Hope that helps. :)

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