Refuse to give a consent to apply a passport

[Surume]

Hello,

This sounds a terrible question but I'd like some advice from all.

 

My British fiance of 2 years has a half-Thai child who was born in 2011.

They weren't in a relationship and while the mum lived in Thailand, he lived in UK.

He had visited hid child 4-5 times after she was born but the last time he visited was in December 2013.

He seems to have dropped contact in 2014 when he paid her a substantial money as 15 year worth maintenance.

 

Although I had known he had a child in Thailand, I didn't know much about the details and recently his child's mum contacted me as he doesn't answer her queries.

She is requesting more money and also a passport.

As for a passport, I am sure this child is entitled to have, especially when his name is on her Thai birth certificate. But my fiance is refusing to give the requested documents to the mum.

His reason is because she doesn't need one now when she has no plan to visit abroad but also he just doesn't seem to want her (especially her mum) to have one that may allow them to visit him anytime they like.

This child is produced after a fling and he and his family seem to not know what to do with it really.

Certainly, he wants nothing to do with them and he seems to resent the mum although it is certainly not her solo fault.

 

It must have been so hard for her to raise a child on her own and part of me feels terrible for her.

Part of me feel difficult though as she sends me unpleasant messages, video etc to blame me that I interfere his decision.

 

In this situation, if he doesn't help her to apply for a passport by not giving necessary documents, what can she do as a counteract?

As her action is getting more and more aggressive to attack me, although morally right to suggest my fiance to get her a passport, I am also selfishly worried about how it affects our life.

 

Thank you for your help.

Edited October 5, 2018 by Surume

[melvinmelvin]

this situation has all the potential to become very messy

and it is pretty much all your fault - you are to blame

 

why on earth do you engage yourself in this and with his former girlfriend or gik or whatever

 

your fiance is in need of a new fiance

 

discussing this with your fiance - ok - but to engage like you do - good bye

 

 

[Surume]

I haven't replied anything to the mom - even not once just to acknowledge the receipt of the messages. And probably that is why she doesn't stop sending me these emails.

My ignorance seems to have made her more frustrated and furious and I am not sure what counteract she would take to my fiance.

In the end, I can suggest (and have done already but not strongly) him to get her a passport but it will be solely his decision to make.

 

Edited October 5, 2018 by Surume

[7by7]

I will make no moral comments on a man who abandons his children. Nor will I offer you relationship advice. You want facts about the child's nationality status, so I will stick to them.

 

His former girlfriend is not entitled to a British passport, and does not need his help to obtain a Thai one. 

 

As for the child, like most questions to do with British nationality it can be complicated.

 

If your fiance was born outside the UK or a qualifying territory, e.g. Gibraltar, and at least one of his parents is British otherwise than by descent then he is British by descent; i.e. he inherited his British nationality from one or both of his parents. This means his children will only be British if they are born in the UK or a qualifying territory. If this is the case the child is not British.

 

If he was born in the UK or a qualifying territory and at least one of his parents is British then he is British otherwise than by descent; i.e. British in his own right. This means his children will be British wherever they are born. British by descent if born outside the UK or a qualifying territory, British otherwise than by descent if born in the UK or a qualifying territory.

 

Prior to 2006 British fathers could only pass their British nationality onto children born abroad if married to the non British mother, but you say the child was born in 2011, so that's irrelevant.

 

So, assuming your fiance is British otherwise than by descent, the child is British. As both the UK and Thailand allow dual nationality, they are also Thai.

 

However, in order to obtain a British passport the child needs to prove that they are British, and will need evidence from the father, your fiance, in order to do this; his long form birth certificate at least.

 

What can the mother do if the father refuses to supply the necessary documents? No idea, it's not a situation I've come across before.

 

Being British and having a British passport does, of course, entitle they child to enter the UK whenever they choose, but the mother will still need the appropriate visa to accompany them.

Edited October 5, 2018 by 7by7
Addendum

[Surume]

Thank you very much for this.

I do not need a moral clarity nor a relationship advice - believe me, I am much more disgusted than anyone in this forum by his action. But it is absolutely none of anyone's business.