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Thread: UK dad / Thai mum - Child support?

  1. #1
    Regular User Array hodd's Avatar
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    UK dad / Thai mum - Child support?

    I dread to think what might happen if I post this in Practicalities, so here goes.

    A Thai friend of a friend (yes really) had a child with an English guy last year. They werenít married, and he soon buggered off back to the UK. They are still in contact, but he wants nothing to do with the mother or child and wonít pay any sort of child support.

    She lives with parents and earns B30K a month so is probably not all that poor at the moment. But if this were the UK or Europe, I guess the father would be obliged to contribute.

    Would this woman have any possibility of claiming support, e.g. through a UK court?

    Iím just curious about this sorry situation and have no involvement.

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    poltroon and blagard Array reinvented's Avatar
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    as a registerd brit citizen with a NI card maybe
    othertwise...
    Serial Wolf Bagger

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    Hangin' Around Array Cyrille's Avatar
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    Quote Originally Posted by reinvented View Post
    as a registerd brit citizen with a NI card maybe
    Surely that's the crux of the matter.
    It's about whether or not she's a british citizen rather than whether or not a british citizen has behaved badly.

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    poltroon and blagard Array reinvented's Avatar
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    i was doing that modicrum of hope thing

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    Watchinu Array Mister T's Avatar
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    Quote Originally Posted by hodd View Post
    Would this woman have any possibility of claiming support
    If she can spare a couple thousand, get a legal firm to draft a spiffy looking letter to the guy, saying that she has started legal proceedings to claim child support. He is required to send ฿5000 each month to a nominated bank account. Might scare him, or at least wake him up to his responsibilities. If he is an arsewipe and doesn't pay, she has only lost a little.

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    Senior Member Array goo_stewart's Avatar
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    ^nice idea, but any half-wit (which he probably is because he ran away from his responsibilities) would see through the ruse. I don't think that there is much that the lady can do, other than have the family and friends over to marvel at how white the kid's skin is......oh, and wait for the luk kreung boat to come in when the child hits 16 and appears on a Thai soap opera.

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    Senior Member Array haltest's Avatar
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    It's about whether or not she's a british citizen
    The Child Support Agency only has jurisdiction in the UK, in other words England, Scotland, Wales and Northern Ireland. However, it does not include the Channel Islands or the Isle of Man. If one or more parties live abroad, the CSA is unable to give a calculation of the amount of maintenance a non-resident parent should pay. If either parent or the child is not resident in the UK, the court does have the power to make and vary a maintenance order.

    Moving Abroad, The Issues - Child Support Laws (UK)

    So the courts can intervene if they want and I would guess it would be possible to apply to the CSA if you have the full details of the father and paternity is not disputed to try and get something. I am not sure just how successful that would be however....
    Odi et amo. Quare id faciam, fortasse requiris? Nescio, sed fieri sentio et excrucior.

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    Senior Member Array haltest's Avatar
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    To re-state:

    If either parent or the child is not resident in the UK, the court does have the power to make and vary a maintenance order.
    So if the father IS in the court's jurisdiction (and the mother and child are not) the court still canl order him to pay child support....

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    Regular User Array hodd's Avatar
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    Thanks for that, haltest.

    That section of the CSA website (below) is a collection of random sentences, but you're right. If this woman had the will to follow it through, she might end up with some cash.

    Jurisdiction of the CSA
    The Child Support Agency only has jurisdiction in the UK, in other words England, Scotland, Wales and Northern Ireland. However, it does not include the Channel Islands or the Isle of Man. If one or more parties live abroad, the CSA is unable to give a calculation of the amount of maintenance a non-resident parent should pay. If either parent or the child is not resident in the UK, the court does have the power to make and vary a maintenance order.

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    Senior Member Array russellsimpson's Avatar
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    Basically, snowballs chance in hell.
    When being run out of town, get in front of the crowd and make it appear like a parade.

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    Senior Member Array haltest's Avatar
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    Basically, snowballs chance in hell.
    Why do people comment on things like this when they don't know much is beyond me. If she has the will to see this through, she has a good chance.

    IMHO she has the right to child support from this person notwithstanding that the child (that he helped create) is worthy of some assistance.

    If his name is on the birth certificate, then he would really be in trouble.

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    Senior Member Array haltest's Avatar
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    And this is grounded in fact or assumption?
    This is grounded in the fact that fatherhood will be assumed and would need to be rebutted by a paternity test but it would be assumed that the named party was the father until proved otherwise where a name is cited on the birth certificate.

    You really have to think about enforcement, my old fruit.
    It's really not difficult in this case as the father lives in the UK (but if he was in the EU, it would probably also be feasible too)


    The Child Support Agency only has jurisdiction in the UK, in other words England, Scotland, Wales and Northern Ireland
    Which is fine for this case as the father lives in the jurisdiction , it matters not where the mother and child reside:

    If either parent or the child is not resident in the UK, the court does have the power to make and vary a maintenance order.

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    Senior Member Array russellsimpson's Avatar
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    Quote Originally Posted by haltest View Post
    This is grounded in the fact that fatherhood will be assumed and would need to be rebutted by a paternity test but it would be assumed that the named party was the father until proved otherwise where a name is cited on the birth certificate.
    Has anybody mentioned a name being cited on the birth certificate?

    This is grounded in the fact that fatherhood will be assumed and would need to be rebutted by a paternity test
    I have my doubts about this.

    If the woman was living in the UK, then yes, she would have a workable case.

    Her best hope is probably in trying to shame the guy into some sort of monthly payment, but I don't see that happening as it would probably constitute a legal case for "fatherhood".

    There's probably a lesson to be learned from this story.

  14. #14
    Senior Member Array haltest's Avatar
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    I have my doubts about this.
    I'm sure you do but we can either take your word for it (a Canadian? who I believe doesn't have any legal training) or my word for it (a British citizen who has a degree in English law). I would not be so certain if I was talking about the law in another jurisdiction outside the UK (or the common law system that derives from it which may or may not require further research)

    I mentioned the name on the birth certificate because it is of great importance and any possible legal action will take this (as will the courts) as the starting point for any action.

    It does not matter one jot that the mother (or child) is not in the UK

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    Senior Member Array tomcat's Avatar
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    Quote Originally Posted by haltest View Post
    I mentioned the name on the birth certificate because it is of great importance and any possible legal action will take this (as will the courts) as the starting point for any action.
    ...I wish my mother had supplied the name Rockefeller for my birth certificate...and then sued...
    ...majestically enthroned amid the vulgar herd...

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