Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments
IntroductionThis article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal...
Family Law journal - take the survey and you could win £50 worth of vouchers
Do you subscribe to Family Law journal?Our aim is to provide all subscribers of Family Law with compelling, insightful and helpful content that you enjoy reading and find useful in your...
Commencement date of 6 April 2022 announced for the Divorce, Dissolution and Separation Act 2020
The Ministry of Justice has announced that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), which received Royal Assent on 25 June 2020, will now have a commencement date of 6 April 2022....
HMCTS blog highlights the use of video hearing due to COVID-19
HM Courts & Tribunals Service has published a blog detailing the impacts of coronavirus (COVID-19) on hearings. Pre-pandemic, HMCTS states that the use of video technology for live participation...
View all articles

Analysis: Restrictions on international travel if child support in arrears

Feb 13, 2019, 07:44 AM
Blog: Restrictions on international travel if child support in arrears
Slug :
Meta Title : Blog: Restrictions on international travel if child support in arrears
Meta Keywords : Blog: Restrictions on international travel if child support in arrears
Canonical URL :
Trending Article : Yes
Prioritise In Trending Articles : Yes
Date : Feb 13, 2019, 07:39 AM
Article ID :

Sarah Basso, of the International Family Law Group, writes that, in some countries (for example, in certain states in America) the ability to travel and obtain a passport can be restricted or temporarily removed if someone fails to make payment of child maintenance over a set amount.

In late 2018, changes were made to child support legislation in England (the insertion of s39B to 39G of the Child Support Act 1991) which means that your ability to travel may be impacted in a similar fashion if you fail to pay child maintenance. 

The Secretary of State is now able to obtain an order against a person which prevents them from holding or obtaining a travel authorisation if:

(a) the Secretary of State has sought to recover an outstanding amount by obtaining a liability order against the liable person and sought to enforce the liability order by the sale of the person’s goods or by obtaining a debt order against a third party or an order charging property (which secures the debt owed over property owned by the liable person);

[Note: a liability order is an order made following an application by the Secretary of State, where the person liable to pay child support ‘fails to make one or more’ payments and the Secretary of State does not think it is appropriate to ‘make a deduction from earnings order’ or if there is an order to deduct the child support from the liable person’s earning, it has not be effective]

(b) the whole or any part of the amount remains unpaid; and
(c) the Secretary of State is of the opinion that there has been willful refusal or culpable neglect on the part of the person.

A ‘travel authorisation’ is defined as a UK passport or an ID card that records the person is a British Citizen.  The order restricting the holding or obtaining of travel authorisation cannot last for longer than 2 years. As well as considering whether there has been a wilful refusal or culpable neglect, the court will consider the person’s means and whether they need their travel authorisation to earn a living.

A person may not be committed to prison for failure to make payment of child maintenance and have an order made against them restricting their ability to hold a travel authorisation; they must be made in the alternative.  However, the additional power which may be exercised by the Secretary of State provides an additional incentive to make sure child maintenance payments are made on time and enforcement orders are complied with, if it gets to that stage.

Categories :
  • Articles
  • News
Tags :
Provider :
Product Bucket : Family Law (General)
Load more comments
Comment by from