Thread: 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 weren’t 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 won’t 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?

I’m just curious about this sorry situation and have no involvement.

as a registerd brit citizen with a NI card maybe
othertwise...

i was doing that modicrum of hope thing

Originally Posted by hodd

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.

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....

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....

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.

Basically, snowballs chance in hell.

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.

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.

Originally Posted by haltest

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.

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

Originally Posted by haltest

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...