How does jurisdiction work?
The CSA is able to assess and collect child maintenance only where the person with care and the qualifying child are habitually resident in the United Kingdom (the 1991 Act, s44). Normally, the non-resident parent also has to be habitually resident in the UK, but non-resident parents who are living abroad but employed by a UK-based employer or the Crown are also covered by the CSAs jurisdiction. There is no single definition of habitual residence but it means more than simply where a person is living. People who are posted abroad with their work but who intend to return to this country will probably still be treated as habitually resident in this country. Decisions will be based on the length of time someone has spent abroad, whether they still have a home in this country and the strength of their ties with the UK. There is a right of appeal to an independent tribunal against the decisions on the CSAs jurisdiction. (For more information on this matter contact our advice line on 0191 52
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