Reciprocal Enforcement of Maintenance Orders
What is Reciprocal Enforcement of Maintenance Orders ('REMO')?
REMO is an ability for a maintance order made in the Falkland Islands to be enforced in the United Kingdom, or the other way around.
The legal provision for this is the Maintenance Orders (Reciprocal Enforcement) Act 1972 as applied to the Falkland Islands by the Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 1983. The Falkland Islands is not a party to the UN Convention on the Recovery Abroad of Maintenance 1956.
How do I enforce an order made in the Falkland Islands in?
To enforce a maintenance order made in the Falkland Islands in the United Kingdom, you will need to file the following documents with the Court office in Stanley;
1) an affidavit by you stating -
a) why you believe the person who is responsible for paying the maintenance is resident in the reciprocating country; and
b) the amount of any arrears due under the order, the date to which those arrears have been calculated and when the next payment under the order is due;
2) a certified copy of the maintenance order;
3) a statement by you giving as much information as you can about where you believe the person responsible for paying the maintenance is;
4) a statment providing identification information about the person responsible for paying the maintenance (for example, where they work, date of birth, any information known about their passport); and
5) a photograph of the person responsible for paying the maintenance, if possible.
Once you have filed these documents, and paid any relevant fee, the court office will send your application to the REMO authority in the United Kingdom.
What happens next?
Once the documents have been sent, the court office in Stanley will act as a point of contact for the REMO authority. We will receive communications and forward those on to you. If any payments are received we will pass these on to you.
How do I enforce an order in the Falkland Islands from the United Kingdom?
You will need to contact your local court office and ask if they have a REMO agreement with the Falkland Islands. If they do, you should file your application with your local court who will then forward your application to the Falkland Islands.