Kidnapping child and claiming CSA for her

August 5, 2011

I am writing this on behalf of my fiancé, and the well being of his 11 year old daughter.

Where do I start? My fiance has always paid ample child support, yet his ex refused access from the ages of 5-9 years, whilst we thought they were living in the midlands. Phone calls were ignored, cards were sent etc, but then we were told they had moved and had no forwarding details. Out of the blue, they contacted him to say they may be moving to Spain, and wanted to make a fresh start. They send a few photos of her aged 7, thats the last he heard. He contacts repeatedly and gets nothing. Months later they say oh we didnt go to Spain, the job didnt turn out. And again no contact after that. Still refusing access. He then gets an email out of the blue when she was 9, saying he had been an absent father blah blah blah, and wants contact. Took the chance, and things have been marginally better, with limited access to once a month ONLY.

He has since found out that they did indeed move to spain, twice, for ~6 months each time. He had no clue, and carried on paying CSA.

Is this kidnapping as he had no idea they were there? Also, can he reclaim the money paid via CSA as the CSA had no jurisdiction whilst they were in Spain!

He has never begrudged paying the money to his daughter, however when she comes to him in an awful condition, needing new clothes and a good bath, he knows its not being spent on her, instead the other 5 children she now has with her husband.

We would love custody/joint custody just to get to see her more, and to give her the home she deserves (her own space for one thing).

Please can someone advise on what we can do?