Can a Thai Lady Claim Child Support from a British Passport Holder

[CartagenaWarlock]

My rented girl friend has a girl from a British man. The biological father is in the birth certificate and confirmed by a DNA test. After the DNA test, he fled. The mother has a copy of his passport. Can she claim child support in the UK embassy? If so, what is the process? She is also interested in registering the child as a British citizen. Can she do that without father's cooperation and present whereabouts except facebook profile. 

[AussieBob18]

Ring UK Embassy and go see a recommended lawyer  one that knows both Thai law and UK law.

[CartagenaWarlock]

On 12/27/2019 at 1:39 AM, AussieBob18 said:

Ring UK Embassy

What is the phone number? I assume I cannot call because I am not a party to the victim. I would ask my friend to call. They should have somebody who understands Thai. She won't be able to speak in fluent English to present her case. 

[AussieBob18]

2 hours ago, CartagenaWarlock said:

What is the phone number? I assume I cannot call because I am not a party to the victim. I would ask my friend to call. They should have somebody who understands Thai. She won't be able to speak in fluent English to present her case. 

https://www.gov.uk/world/organisations/british-embassy-bangkok/office/british-embassy-bangkok

 

My advice is that you would call them first and state that you are acting on her behalf and are seeking to gain information and advice so you can assist her.  Maybe you will get someone that will help, but most Embassy staff stay out of any legal issues - best to act calm and speak nicely.  If you can get the names of a legal persons/companies then you can also call them and try the same.  The best person/company to try and find is someone in Thailand that has UK Law knowledge. The first thing you want to know is yes or no can she seek financial support - and if so, what documentation she must have to prove things and what process must she follow.  I doubt she is the first Thai person to seek support from a Parent overseas - therefore there will be information available - the issue is trying to find it without being charged/scammed by any legal person/company who falsely says they know everything.  It might take a few attempts - be prepared for blind alleys and avoid the scammers.

 

Once you have done that, and before you proceed with any legal proceedings here in Thailand, I recommend that you then contact the UK Child Support Agency.  Again - you need to say you are acting on her behalf - and follow the same proceedure to gain information and advice.

 

Once you have all the information and advice you think you can get, then look at everything and decide what to do.  Makes sure you keep a written record of every call - you will quickly forget things if not. 

 

I think the first thing needed is to be able to identify the UK person, then to prove the child is fathered by the UK person, then to get legal documents in Thailand that state this in a legal form, and then take those documents/information to the UK Child Support Agency and lodge a claim.  The more documentation and information you get and can provide when you/she make a claim, will improve the chances of a successful claim. 

 

In UK it is possible to complete documentation that allows someone (her) to nominate somewone else (you) to act on her behalf.  The alternative to doing it yourself is to appoint a legal representative with UK legal standing (UK acredited Lawyer) to act on her behalf when lodging the claim.  There are Social Services type organisations who support women in UK - maybe find one of those too.

 

 

[BritManToo]

On 12/27/2019 at 8:17 AM, CartagenaWarlock said:

Can she claim child support in the UK embassy?

No she can't.

She and the child would need to be living in the UK to claim child support, and the dad would need to be working in the UK.

AussieBob knows nothing about the UK legal system or UK child support, it's not the same as Australia (or the USA).

 

You would need to marry her, and move the family back to the UK for her to have a chance of making a claim.

(which still wouldn't work if dad wasn't living and working in the UK)

Edited December 28, 2019 by BritManToo

[chickenslegs]

I recently had advice from this guy (on the British Embassy list of qualified lawyers). He is very knowledgeable about UK family law.

 

Might be worth sending him an email with your questions.

 

Mr John Lewis

Solicitor of the Senior Courts of England & Wales

Skype:      anglothailegal

Tel:           (+44) 01925414308

Fax:          (+44) 08723521505 

[email protected]

[evadgib]

6 minutes ago, chickenslegs said:

I recently had advice from this guy (on the British Embassy list of qualified lawyers). He is very knowledgeable about UK family law.

 

Might be worth sending him an email with your questions.

 

Mr John Lewis

Solicitor of the Senior Courts of England & Wales

Skype:      anglothailegal

Tel:           (+44) 01925414308

Fax:          (+44) 08723521505 

[email protected]

The answer will still be 'no'.

HTH

[chickenslegs]

1 minute ago, evadgib said:

The answer will still be 'no'.

HTH

From the Gov.UK website:

You’re automatically a British citizen if you were born outside the UK and all of the following apply:

• you were born on or after 1 July 2006
• your mother or father was a British citizen when you were born
• your British parent could pass on their citizenship to you

[evadgib]

4 minutes ago, chickenslegs said:

From the Gov.UK website:

You’re automatically a British citizen if you were born outside the UK and all of the following apply:

• you were born on or after 1 July 2006
• your mother or father was a British citizen when you were born
• your British parent could pass on their citizenship to you

How does that alter the reply given in #7?

Edited December 28, 2019 by evadgib

[chickenslegs]

Just now, evadgib said:

Wrong tree as far as the Op's question is concerned.

From the OP:

Quote

She is also interested in registering the child as a British citizen.

 

[evadgib]

4 minutes ago, chickenslegs said:

From the OP:

 

Without the fathers cooperation that will be a struggle. My reply was primarily aimed at the CSA aspect of the OP.

[BritManToo]

11 minutes ago, evadgib said:

Without the fathers cooperation that will be a struggle. My reply was primarily aimed at the CSA aspect of the OP.

CSA was disbanded in 2012.

Registering child as British Citizen, no longer allowed, no more Consular Birth Certificates are issued, has to apply for a passport and would need the fathers 'long format' birth certificate, which they are unlikely to have.

 

Eight years back it was incredibly easy to get my son a British passport and British Consular Birth Certificate in Chiang Mai. But now everything has become harder as the British government seems to be withdrawing all consular services to it's citizens overseas.

Edited December 28, 2019 by BritManToo

[evadgib]

13 minutes ago, BritManToo said:

CSA was disbanded in 2012.

The links on the page almost certainly lead enquirers to whatever the current procedure is; not that it applies in los.

 

Making a child maintenance arrangement

Key Phrase: 

If one of the parents lives outside the UK

You cannot apply if the child and the parent with main day-to-day care live outside the UK.

The service can only help if the paying parent works outside the UK for a British organisation.

Edited December 28, 2019 by evadgib

[PingRoundTheWorld]

Are you being serious? You want to assist your "rented" girlfriend AKA hooker in extorting child support from another guy who no doubt fled because he wanted nothing to do with her? If you want to pay for her that's one thing, but trying to make another man pay for her is a whole different level.

[CharlieH]

Derogatory post removed.

[yogi100]

On 12/28/2019 at 1:24 PM, PingRoundTheWorld said:

Are you being serious? You want to assist your "rented" girlfriend AKA hooker in extorting child support from another guy who no doubt fled because he wanted nothing to do with her? If you want to pay for her that's one thing, but trying to make another man pay for her is a whole different level.

But he would not be paying for her he's be paying for his child. That's hardly extortion if it's a DNA match which the OP says it is.

 

Some might think that the child's father has a duty to financially support his offspring. He might even want to for all we know.

 

I've known two Thai girls who've had babies with UK men. Both of the fathers were off like a shot from a gun when their sons were born and have not been heard from since.

 

Those two boys are now teenagers living up in Isaan without a clue who their father might be. Perhaps their fathers might want to see them. Many absent fathers do as they mature with age and experience.

 

It's very hard to just wash your hands of your own kid unless you're a total 4r$ehoIe.

[BritManToo]

22 minutes ago, yogi100 said:

I've known two Thai girls who've had babies with UK men. Both of the fathers were off like a shot from a gun when their sons were born and have not been heard from since.

On the other hand .....

I'm a Brit with our Thai son, and her Thai daughter ....... and moms gone (while I'm financing her daughters university education).

Parents who don't want to raise or pay for their kids isn't just limited to men, as far as I can see abandoning your kids to be raised by grandparents, or other family members is endemic in Thailand.

Edited January 13, 2020 by BritManToo

[yogi100]

20 minutes ago, BritManToo said:

On the other hand .....

I'm a Brit with our Thai son, and her Thai daughter ....... and moms gone (while I'm financing her daughters university education).

Parents who don't want to raise or pay for their kids isn't just limited to men, as far as I can see abandoning your kids to be raised by grandparents, or other family members is endemic in Thailand.

When a girl goes on the game that's when grandparents and aunties come in handy wherever they may be. As the mothers sees it that's what families are for.

 

Same in the UK where a baby is a means to a council home and an income for 18 years and each subsequent sprog means another 18 years on Easy Street.

 

And many British single mothers are up for a bit of cash in hand escorting or working in massage parlours. As are the tens of thousands of those in normal jobs, they all have to park their kids somewhere with someone.

 

But there's no welfare system in Thailand so it's a necessity for the family to rally round if the kid's dad is not forking out. So Thai women who are reasonably attractive have a justifiable reason to park their kids if they want to earn comparatively good money.

 

I used to leave my son with my Mum and Dad when I went to work or out for a drink at night. If you're working and have a home to run you have to.

[BritManToo]

8 minutes ago, yogi100 said:

I used to leave my son with my Mum and Dad when I went to work or out for a drink at night. If you're working and have a home to run you have to.

My (former) Thai wife left her daughter with 'grandma' for 11 years, and with me for 3 years.

Edited January 13, 2020 by BritManToo

[iamariva1957]

No she cannot... unless she lives or and had lived in the UK with the child for and/or If the child had been BORN in the UK. Then it would be covered under UK family law. 

 

Seeing as child was born here... then it would not be. The process of getting child support for it would ultimately be long... arduous... and expensive and end in failure I fear. 

 

Under Thai law she would have little or no options and no coverage either. Except for making a stink. 

 

The embassy in question... as with most others... would stay out of Civil legal issues. A local international licensed lawyer might... I say might with trepidation... be of little of no help.

 

My advice is simple.  Spend the money on the child and be grateful for the fact that the morally reprehensible father is out of the child's life. 

[Tony125]

On 12/28/2019 at 1:24 PM, PingRoundTheWorld said:

Are you being serious? You want to assist your "rented" girlfriend AKA hooker in extorting child support from another guy who no doubt fled because he wanted nothing to do with her? If you want to pay for her that's one thing, but trying to make another man pay for her is a whole different level.

Guess you didn't read the post well or didn't understand it. It's not his GF that has the kid but her friend.  Also it's not extortion as the Brit who fathered the child name is on the birth certificate and a DNA test was done to verify paternity but when the guy found out he was the father he bailed. If you don't want responsibilites put a sock on it. I don't agree with low lifes coming over here ,playing around  and promising Thai girls the world and then if getting one pregnant bailing on their child. Don't have tp marry or pay the girl but need to be responsible to their child.

Edited January 15, 2020 by Tony125

[URMySunshine]

On 12/28/2019 at 1:24 PM, PingRoundTheWorld said:

Are you being serious? You want to assist your "rented" girlfriend AKA hooker in extorting child support from another guy who no doubt fled because he wanted nothing to do with her? If you want to pay for her that's one thing, but trying to make another man pay for her is a whole different level.

There is a child , his child most 'hookers' are single mums struggling to look after their child(ren). If he is in receipt of income in the UK than it looks like, at a stretch and with a lot of due process she may be able to receive some income. 

[URMySunshine]

On 1/13/2020 at 9:52 AM, BritManToo said:

On the other hand .....

I'm a Brit with our Thai son, and her Thai daughter ....... and moms gone (while I'm financing her daughters university education).

Parents who don't want to raise or pay for their kids isn't just limited to men, as far as I can see abandoning your kids to be raised by grandparents, or other family members is endemic in Thailand.

“How far that little candle throws his beams! So shines a good deed in a weary world.”
― William Shakespeare, The Merchant of Venice

[Baerboxer]

On 12/28/2019 at 12:21 PM, BritManToo said:

No she can't.

She and the child would need to be living in the UK to claim child support, and the dad would need to be working in the UK.

AussieBob knows nothing about the UK legal system or UK child support, it's not the same as Australia (or the USA).

 

You would need to marry her, and move the family back to the UK for her to have a chance of making a claim.

(which still wouldn't work if dad wasn't living and working in the UK)

 

If the child is outside of the UK the UKCSA won't get involved. 

 

If the mother and child were entitled to permanent residence and living there, then they could try and file a claim. 

Easier if the father is living and working in the UK. However, a number of countries co-operate on enforcing child support payments on foreign nationals living and working as expats. Last time I checked, several years ago, Thailand was on the CSA list of countries who would enforce. There was also some reference that people who were in default and whom the CSA were taking action against would not have extensions of stay extended. 

 

Although that's the theory, when working in the Netherlands a CSA official told me the practice of enforcement was very hit and miss when the father was overseas. That was over 15 years ago and of course things change.

 

In this case, the CSA won't get involved as the child isn't living in Britain.

[Baerboxer]

12 minutes ago, URMySunshine said:

There is a child , his child most 'hookers' are single mums struggling to look after their child(ren). If he is in receipt of income in the UK than it looks like, at a stretch and with a lot of due process she may be able to receive some income. 

 

Not a penny unless the child is resident in the UK.

[sead]

On 12/28/2019 at 7:24 AM, PingRoundTheWorld said:

Are you being serious? You want to assist your "rented" girlfriend AKA hooker in extorting child support from another guy who no doubt fled because he wanted nothing to do with her? If you want to pay for her that's one thing, but trying to make another man pay for her is a whole different level.

What wont we do to impress our temporary rented girlfriends haha

[thaibeachlovers]

On 12/28/2019 at 7:08 PM, BritManToo said:

But now everything has become harder as the British government seems to be withdrawing all consular services to it's citizens overseas.

Would anyone blame them? People seem to think embassies are there to help them when they do silly things and get into trouble abroad. They are actually there to promote trade etc.

Individuals should be getting proper insurance and not getting into trouble.

Not just Britain, but many countries not interested in citizens that move abroad.

[thaibeachlovers]

4 minutes ago, Baerboxer said:

In this case, the CSA won't get involved as the child isn't living in Britain.

The reason is that the child will be entitled to family support and they want to recoup the cost, as they should.

If the child is not living in the UK they don't have to pay anything.

 

As an aside, any man that fathers a child and runs away is, IMO, utter scum. Don't want to pay, take better precautions.

[thaibeachlovers]

On 1/13/2020 at 3:52 PM, BritManToo said:

On the other hand .....

I'm a Brit with our Thai son, and her Thai daughter ....... and moms gone (while I'm financing her daughters university education).

Parents who don't want to raise or pay for their kids isn't just limited to men, as far as I can see abandoning your kids to be raised by grandparents, or other family members is endemic in Thailand.

I'm assuming no one is forcing you to pay for her education? Out of the goodness of your heart?

 

When I moved in with a solo mum and her two children, it was assumed I'd pay half of all bills. Unfortunately I was stupid enough to agree. She got revenge on me for leaving her to pay all the bills herself by taking me for everything she could. Zero gratitude for the 5 years I did support one of her children. And women wonder why some men don't like women.

[roath]

The consent of the parent is irrelevant as to the ability to lodge a claim.

 

The issue is proving the identity of the father and citizenship. Most applications fail because the father wasn't registered on the birth certificate (which you can overcome if the father consents e.g. DNA test) or because the mother doesn't have the identity of the father (e.g. his name was John Smith from England).

 

Child support would be available if the mother were living in the UK but not from abroad. Thailand doesn't have any such laws