You’re all done? Congratulations! You have freedom and choices. You cannot know if the path ahead will be smooth, but at least you are moving in a forward direction.
For now, there remain a number of practical and emotional matters for you to consider. There may be legal matters, too. These can include issues relating to child maintenance, whether the arrangement in place is a private one or is being administered by the Child Support Agency. In addition, our Children’s Department and International Family Law Department at Stowe Family Law also deal with an increasing number of cases relating to external relocation: when the parent with care wishes to move to another country, against the wishes of the other parent.
We deal with a number of cases in which, for whatever reason, there are issues relating to maintenance. This is often because circumstances have changes, leading one party to believe that the previously agreed level of maintenance is too low or too high.
Here are some of my most popular posts on these topics:
Maintenance Payments and a New Partner: What Happens Next?
Your former spouse has moved on and is now happily living with somebody else. From the outside, it looks like a stable, supportive relationship. He or she certainly doesn’t seem short of cash. So why are you still paying regular maintenance? This is one of the most popular posts on my blog. You can find the follow-up post here.
Maintenance, Remarriage and “Barder” Events
If one of the parties wishes to bring an open-ended maintenance order to an end, this may occur by mutual consent. Both parties may agree that the time has come for the order to cease. When one party does not agree, solicitors may become involved.Variations of maintenance orders are expensive and risky. In this post we also look at a “Barder” event. This is when a case concerns a new event, such as remarriage, that would materially impacted on the original settlement.
Child Support and Overseas Parents
Legislation introduced in 1991 meant that on the face of it, a move abroad and habitual residence there was the ideal way for a parent to evade financial responsibility for a child. This changed in 2000, when the rules were amended to allow for certain circumstances when the CSA would still have jurisdiction to enforce maintenance.
External Relocation: When a Parent Wishes to Move Overseas With a Child, What Rules Apply?
What rules are applied when one parent wishes to move with the children to another country? This is a lengthy post, examining the older and more recent judgments that have shaped the rules. Sadly, when one parent wishes to relocate overseas and the other parent opposes that wish, there is no perfect answer for what should be done.
Internal Relocation: When a Parent Wishes to Move to Another Part of the UK, What Rules Apply?
In this post we look at the relocation of children within the UK, when one parent opposes the move. The tests applied are quite different to those applied when a parent wishes to move to another country. What they share is that the child’s welfare is considered paramount.
Taking Children Abroad on Holiday
This post, by regular contributor John Bolch, looks at what happens when one parent wants to take a child on an overseas holiday. If the other parent disagrees, then the parent wanting to go on holiday will have to apply to a court for permission. Note that taking children overseas without the consent of anybody else with parental responsibility, or the permission of the court, is a criminal offence. It may be punished by a fine or imprisonment.
The Expat’s Tale: I’m a Stuck Mum
This reader married an overseas national and moved to another country. After her marriage broke down, the court in that country refused her permission to relocate with her children. She writes: “I have struggled with the debt left by the marriage, the loneliness and the high cost of living. The recession is awful here, and citizens have been fleeing to healthier economies. We don’t even have the freedom they have to do this!” A salutary tale.
Over the Rainbow: How We Move On
Divorce is similar to bereavement. Until there is acceptance that the relationship has finally come to an end, there can be no closure, no recovery and the storm will continue. It can be a long time before hope emerges from the thunderclouds. Ultimately, however, that renewed hope for the future will come.
We have hundreds of posts covering this topic, so if you cannot find the information you seek here, please use the search box at the top of the page to explore further.