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Parents living abroad

The Child Support Agency can usually only deal with an application for child maintenance when both parents and the child live in the UK.

The only exceptions to this are when the non-resident parent:

  • is working abroad in the service of the crown, for example, is a civil servant or works within Her Majesty's diplomatic service or within Her Majesty's overseas civil service
  • is a member of the Armed Forces
  • works abroad for a UK based company, for example, it employs people to work outside the UK but makes payments via a UK payroll; and the company is registered under the Companies Act 1985 (England, Wales and Scotland) or the Companies (Northern Ireland) Order 1986
  • works abroad on secondment for a prescribed body, for example, from an NHS trust, regional health authority, primary care trust or local authority.

You can get more advice about whether these rules apply to you by calling the National Helpline on 08457 133 133 (or on +44 151 243 1901 if you are calling from abroad).

If the parent lives in Australia

If the non-resident parent lives in Australia and the parent with care lives in the UK then the Australian Child Support Agency may be able to accept an application to assess maintenance.

Visit Australian Child Support Agency website.

If the non-resident parent lives abroad and does not fall into one of the categories above then the parent with care can apply to the UK courts for child maintenance.

Collecting money under court orders

If the parent with care needs help in collecting the money awarded under the court order for maintenance they can contact the Reciprocal Enforcement of Maintenance Orders section at the Official Solicitor & Public Trustee.

Reciprocal Enforcement of Maintenance Orders

Reciprocal Enforcement of Maintenance Orders (REMO) is the process by which maintenance orders made by UK courts on behalf of UK residents can be registered and enforced by the courts or other authorities in other countries.

This is a reciprocal arrangement which means that foreign maintenance orders in favour of individuals abroad can be registered and enforced by UK courts against UK residents.

UK legislation

The Maintenance Orders (Reciprocal Enforcement) Act 1972 is the primary legislation under which the REMO process operates in the UK.

There have also been several Statutory Instruments since 1972 to adjust the precise arrangements between the UK and other countries, or to allow additional jurisdictions to be considered reciprocating countries. You are able to view a list of all REMO countries provided by the Official Solicitor & Public Trustee.

How to apply

A UK resident who wishes to apply to obtain maintenance from a person overseas should approach:

  • their local magistrates' court (or county court where the order was made) if they have an existing court order for maintenance
  • their local magistrates' court if there is no existing order.

They may apply for their order to be enforced in the country where the payer resides. Procedures also exist to enable an applicant to ask the foreign authorities to create an order for maintenance on their behalf.

There is no need for the applicant to engage a solicitor. Court staff will help the applicant and will forward the application to the relevant authority. The authority will check that the application is in order and send it to the foreign authority or court for registration and enforcement against the person living there.

If you would like further information on how to apply through the courts contact the REMO section at the Official Solicitor & Public Trustee or call 0845 345 5303.

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