Official Solicitor updates list of maintenance enforcement countries

Divorce | 12 Feb 2018 0

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The Official Solicitor has updated the government’s official list of countries in which child maintenance orders made in other nations can be enforced.

The Official Solicitor is a legal post within the Ministry of Justice with the primary function of representing people who lack the capacity to litigate on their own behalf and have no one else willing or able to act for them. He or she can intervene in probate and trust cases, and is also responsible for international child abduction disputes and the international enforcement of maintenance orders. The latter relies on the Reciprocal Enforcement of Maintenance Orders (REMO) system.

As the name suggests, this international framework provides a way for parents to enforce child maintenance orders made in one country if the non-resident parent moves out of its jurisdiction into a second country. Naturally they can also be used by people living abroad against parents who come into the UK.

The newly updated REMO list includes 115 countries, with the specific legal mechanism for maintenance enforcement cited for each. These include “EU Regulation 4/2009” – meaning European Council Regulation No 4/2009, on the “jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.” Also cited for some countries is “Hague 2007” – i.e. the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

The REMO list is available here.

The blog team at Stowe is a group of writers who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. Guest contributors also regularly contribute to share their knowledge.

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