Child Maintenance Order

[jonnie]

I have a child maintenance agreement order for two children, my question is that if the children are no longer based in Ireland and are now living in Australia with no notification given whatsoever.


Does the maintenance agreement still apply as the mother and children are no longer resident in the country.

Although the mother is English, the maintenance order was issued here as they were residents in the state at the time, as they are no longer residing in the country does the agreement still apply?



Any help/assistance on this would be greatly appreciated.

 

[Ann84]

Hi Jonnie,

I hope you are not suggesting financially cutting your children off because their mum took them to Australia!! I am unsure as to what differnence the country of residence has to whether the children in question need to be funded...!!! Maintenance is a payment made by the non-resident parent to maintain (hints in the name) their children.
I would in answer to your question, presume that the maintenance agreement still stands as it is an agreement between yourself and children's mother.
If this is a situation where the problem is actually that she moved without warning, that is a custody and guardianship issue and withholding maintenance as a form of punishment is silly. If you want to pursue custody and access to your children, that is different but your children still need money to live whether here or in Oz.
I would look into your custodial rights if this is the case.