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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex husband has just immigrated to Australia with his partner

Resolved Question:

My ex husband has just immigrated to Australia with his partner and children. We have a 14 year old daughter who he has seen every other weekend and paid maintenance for for 13 years. He does not want to come back for holidays but wants me to send her out there. Where do I stand do I have to let her go? If yes how often. Also he emailedd me to say he didn't want to pay anymore maintainance but since I told my daughter this he has decided to drop from £600 to £400 per month. What rights does he have she has lived with me since she was born
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there a court order for maintenance?
Does she wish to go to Australia?
is your ex intending to pay for the ticket - and where will he meet her?
Clare
Customer: replied 3 years ago.
There is no court order
She doesn't mind going to Australia
He will pay for the ticket and vie said she can only go if she travels ith friends or family
Expert:  Clare replied 3 years ago.
Hi
Has he accepted your restriction?
Do you know what his income will be in Australia?
Clare
Customer: replied 3 years ago.
He is trading for himself - where do I stand regarding having to send her to Australia for holidays?h he still got contact rights?
Expert:  Clare replied 3 years ago.
Hi
Your daughter is entitled to have contact with both parents - even if her father has moved to Australia.
provided she wishes to go and he is paying and making the appropriate arrangements during her school holidays then there is no reason not to - and if he applied to the courts then he would be successful.
He does however have to continue paying Maintenance and you can either apply to the courts here in the UK and then enforce in Australia - or by using the Australian CSA
http://www.humanservices.gov.au/customer/services/child-support/child-support-assessment
I hope that this is of assistance - please ask if you need further details
Clare
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