Ask a Family Law Question, Get an Answer ASAP!
Hi, thank you for your question. Is there a court order in place regarding the maintenance and are you opposing the move?
In what proceedings was the child maintenance granted? Was it Children Act proceedings or alongside divorce - if in a divorce settlement, was the Order made by consent and when was it made?
Thank you for confirming. As long as the child maintenance provision was made by consent in the financial settlement as part of the divorce, you can now apply to the Child Maintenance Service for a calculation as they will supersede the order. This is because child maintenance provision in divorce settlements made by consent can be reassessed after 12 months by applying to the CMS. As they will still be in the UK the CMS will have jurisdiction to deal with the application.
Furthermore, if you object to their move to Northern Ireland, as you have parental responsibility for the children by virtue of the marriage you are entitled to apply to court to oppose this - please let me know if you wish to obtain information about this so that I can assist further.
In the meantime if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.