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UK dad Vs Oz CSA and exwife

by uk_dad / Posted 29/07/2008 / Updated 02/09/2015

Hi

Just found this forum, I need to get help from somewhere...

In March this year my ex-wife emigrated to queenland with her husband, their 3 kids and my 13 year old daughter. Before they went my wife came to me with a signed letter from her saying that if i let my daughter go then she will forfeit all maintenance in order for me to pay for a flight over to see her once a year. After she had been there for a month i get a call from the Australian csa to say she had started a claim against me. I was gutted and realy hurt, I tried to call her to talk about it but it ended in a bit of an argument and has since refused to talk to me, i think to hind her guilt. The csa have assed me at $800 a month, i earn approx $60k a year in the UK and have a $1600 mortgage, my wife works part time, we have a 3 year old son and I inherited a 10 year old step son how lives with us. I have no way of affording that amount, plus if i do pay anything i have no way of affording to see my daughter. I cant talk to my ex-wife to try to make her realise what this will mean as she wont speak on the phone. I am at a very low point in my life right now and only the sight of my little boys loving face is keeping me going. I am terrified i have to pay this amount and also of loosing my daughter for ever. Is there anything a solicitor in Australia can do to help me get somesort of contact order for my daughter and what chance do the oz csa have of enforcing the money.

Please help! uk_dad

Responses

From Paul / Posted: 09/08/2008
Did you give consnet for your ex to take your daughter to Oz? You may be able to obtain either a return order or contact order via the hague convention. Reunite can advise you on this.
With regards to the CSA, legally you have to pay maintenance for your daughter. You can fight this matter in the UK courts but I believe it is very unlikely that you will succeed. The law is on the side of your ex and daughter.
From elaine / Posted: 28/01/2009
I would think that as far as the Oz CSA is concerned you would do well to send them a schedule of finances, to include absolutely everything (daily living expenses included), backed up by documentation. Undoubtedly they made their assessment without such information. There is a real possibility that they will come up with a realistic assessment.
From Phil / Posted: 04/02/2009
UK Dad.
I fully understand your hopelessness at this situation and I really can not help as I am in a very similar position .
My wife is in Europe where they do not have CSA but depends on what the judge says.
I know exactly how you feel and it is terrible,I send this purely to show to you that you are not alone and in some perverse way I hope that helps.
Like me all you can do is try the best you can to fight.In effect just like me you were blackmailed by your wife,I believe that in your case you may be able to present a legal case regarding the agreement made ,so obtain a half hour free legal advise.
From UK dad r.i.p. / Posted: 08/02/2010
Basicaly you gave permission for there removeval to Australia so you can not apply for there return.
You need to get the CSA to reacces the ammount you pay, the big mortgage does not come into it, but the caring of 2 children does, if you dont pay up they can take you to court in the UK, if your contacts costs add up to more than 5% of you earning you can claim them back of your CSA amount IE if you visit oz flights ect, but when i did it came to more than 5% and i recieved nothing? best off luck

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