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Ask MARCUS Malin Your Own Question
Category: Family Law
Satisfied Customers: 2371
Experience:  Consultant Solicitor at Setfords
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I have a question regarding custody and child maintenance of

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Hi, i have a question regarding custody and child maintenance of my baby. I am a UK national, but also a national of a EU country. My baby was born in my EU country of origin and hence not a UK citizen. The baby father is a national of another EU country, different from mine and the place of birth of the baby. He is also resident and employed in this other EU country. Therefore, my question is with regards ***** ***** and to alimony - in which country would the jurisdiction lie? As he resides in another country, would he have grounds for shared custody as i want full custody? We are not married, but he has acknowledged the child and listed as his father. With regards ***** ***** maintenance, which country should determine the amount - the country where he is resident and fully employed, the country where the child was born or the UK where myself and the child are resident?

Hello, my name is Marcus.

In respect of child support the jurisdiction is the UK where the child is habitually resident.

Unless father pays child support on a voluntary basis you can secure a Court Order (the Child Maintenance Service - formerly the CSA have no jusisdiction when father is overseas unless he is working for a British company). The order is then enforced by REMO if the country where the father is living is a member of REMO.

Where does father live.

Thank you.

Customer: replied 16 days ago.
Thank you. He lives in italy.
What about custody?

Once again that matter would be dealt with by the courts in the UK as your daughter is habitually resident in the UK.

I presume he lives permanently in Italy.

When did you separate and what have the arrangements been since.

What does father want and what would you like to achieve.

Thank you.


Customer: replied 15 days ago.
Thank you Marcus. We have not discussed yet, but i guess this answers my question. So with regards ***** ***** - it is the country pf residency of the child and myself, correct? Thanks

That is correct. So at it stands any decision as regards ***** ***** is to be dealt with by the Family Court in the UK.....

Customer: replied 15 days ago.
thank you! this answers my question!

You are most welcome.

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