Australian father, Thai mother, support issues

[GoDucks]

I have a friend, (and before you all start snickering, yes a FRIEND only, for many years) who started a relationship with an Australian guy.  Seven months later she got pregnant and he has left for Australia and is no longer responding to messages.

 

She is a university grad and had a decent, normal job in a hotel until now.  

 

At one point he had promised to pay expenses, but when he got back home his family started demanding she take a paternity test, which she immediately agreed to.  Perhaps it was just a ruse because he no longer responds to messages.

What are his legal responsibilities?

Edited April 25, 2020 by GoDucks

[cornishcarlos]

I would say legally, he has no responsibility...

Moral responsibility ? Well that's up for debate !!

[GoDucks]

3 minutes ago, cornishcarlos said:

I would say legally, he has no responsibility...

Moral responsibility ? Well that's up for debate !!

So she could not contact anyone in Australia to enforce any support?

[tonray]

16 minutes ago, cornishcarlos said:

I would say legally, he has no responsibility...

Moral responsibility ? Well that's up for debate !!

No debate at all...he's a deadbeat scumbag if he abandons his child...

[cornishcarlos]

2 minutes ago, tonray said:

No debate at all...he's a deadbeat scumbag if he abandons his child...

 

That's your opinion, from hearing one side of a story... 

 

I guess it's still up for debate though ????

[cornishcarlos]

16 minutes ago, GoDucks said:

So she could not contact anyone in Australia to enforce any support?

 

No idea but would be worth a shot... But probably need a lawyer to handle it all !!

[northsouthdevide]

Under Thai law, a foreign father has no parental rights or responsibility. 

Only if 'he' takes her to court, would he be able to apply for parental responsibility, but will still have no rights. 

However, if he came back to Thailand, she may be able to serve him with court papers and ask for a paternity test. 

Edited April 25, 2020 by northsouthdevide

[GoDucks]

Just now, northsouthdevide said:

Under Thai law, a foreign father has no parental rights or responsibility. 

Only if 'he' takes her to court, would he be able to apply for parental responsibility, but will still have no rights. 

 

Would she be able to fly to Australia and make a claim?

[cornishcarlos]

26 minutes ago, GoDucks said:

Would she be able to fly to Australia and make a claim?

 

Not right now... Australia is closed !!

[BritManToo]

1 hour ago, GoDucks said:

At one point he had promised to pay expenses,

Maternity care is free for Thai citizens ......... there are no expenses.

[Preacher]

The mother can file a paternity suit. If the courts find that he is the father he can be ordered to pay childsupport for his child. In Thailand it will be a few thousend a month plus half of all medical and educational costs.

 

It of course requires a lawyers (and money).

[Will27]

4 hours ago, GoDucks said:

So she could not contact anyone in Australia to enforce any support?

Nope.

[Will27]

4 hours ago, cornishcarlos said:

 

No idea but would be worth a shot... But probably need a lawyer to handle it all !!

No chance.

 

She's not a resident of Australia and Thailand isn't a reciprocating country either.

[Will27]

4 hours ago, GoDucks said:

Would she be able to fly to Australia and make a claim?

Even if she could get a visa which would be doubtful, she's not a resident of Australia.

[Will27]

1 hour ago, Preacher said:

The mother can file a paternity suit. If the courts find that he is the father he can be ordered to pay childsupport for his child. In Thailand it will be a few thousend a month plus half of all medical and educational costs.

 

It of course requires a lawyers (and money).

How do you think that "order" would be enforced?

Not a chance in hell.

[Preacher]

By going through an Australian court.

 

By the way, the kid can apply for Australian nationality because of its father. Child support is awarded for the child, not the mother.

[FNQ]

On 4/25/2020 at 7:53 AM, cornishcarlos said:

 

No idea but would be worth a shot... But probably need a lawyer to handle it all !!

Thinking out side the square, she could ask the Australian Embassy to contact him on her behalf, to advise him she has agreed to the paternity test. Long shot, but might jolt him into reality, By receiving correspondence from the Australian government. (embassy)

And as preacher said apply for child support and nationality. This would also start the correspondence to him.

Then again Probably put be in the too hard basket.

Edited April 28, 2020 by FNQ
Addition,grammar

[Will27]

16 minutes ago, FNQ said:

Thinking out side the square, she could ask the Australian Embassy to contact him on her behalf, to advise him she has agreed to the paternity test. Long shot, but might jolt him into reality, By receiving correspondence from the Australian government. (embassy)

And as preacher said apply for child support and nationality. This would also start the correspondence to him.

Then again Probably put be in the too hard basket.

The Embassy won't get involved in personal matters, nor should they.

[simple1]

On 4/25/2020 at 4:37 PM, Preacher said:

By going through an Australian court.

 

By the way, the kid can apply for Australian nationality because of its father. Child support is awarded for the child, not the mother.

Child / mother would require proof of identity of the father and a paternity test. Child support, if successfully claimed would only be achievable, as Will27 posted, if child is resident in a reciprocal country, which Thailand is not. In other words the father has deserted the mother and child, unfortunately not an unusual event in Australia or Thailand.

 

https://www.servicesaustralia.gov.au/individuals/services/child-support/child-support-assessment/what-you-need-know/reciprocating-jurisdictions-and-residency

 

 

Edited April 28, 2020 by simple1

[Will27]

2 minutes ago, simple1 said:

Child / mother would require proof of identity of the father and a paternity test. Child support, if successfully claimed would only be achievable, as Will27 posted, if child is resident in a reciprocal country, which Thailand is not. In other words the father has deserted the mother and child, unfortunately not an unusual event in Australia or Thailand.

 

https://www.servicesaustralia.gov.au/individuals/services/child-support/child-support-assessment/what-you-need-know/reciprocating-jurisdictions-and-residency

 

 

You can get court orders, paternity tests etc.

 

At the end of the day, that's not going to happen.

[UbonThani]

Best to mind one's own business.

[impulse]

On 4/24/2020 at 7:48 PM, tonray said:

No debate at all...he's a deadbeat scumbag if he abandons his child...

 

Or maybe he's an involuntary sperm donor.  He wouldn't be the first guy to get trapped by the old hole in the condom in a country where the highest paid, most secure job available to many women is "mother of some foreigner's kid".  Happens a lot in the west, too, but usually it involves deliberately missing a few pills.  That's part of what spawned the MGTOW and Red Pill movements.

 

Or, you may be right.  He may be dodging the consequences of his own irresponsible behavior.  But that IS subject to debate.  And even that's assuming the paternity test comes back with his name on it.

 

 

Edited April 28, 2020 by impulse

[RJRS1301]

On 4/25/2020 at 11:45 AM, BritManToo said:

Maternity care is free for Thai citizens ......... there are no expenses.

Perhaps it refers to the 18 years of housing, feeding educating, clothing, healthcare, all those incidental things which cost a shekel or two 

[myWish]

If he agrees for a paternity test and if the outcome is positive, he would probably accept the responsibility. If he refuses a test, no one can force him to do so (given that this happened outside Australia) which means he intentionally is not interested in taking a child into his life.

 

Australian embassy will not get involved in an individual case. 

 

To apply for a citizenship, a father must legally accept and support a child with an application. A foreign mother cannot apply on a child's behalf even though she has a positive paternal test.

 

Child support payment depends on how much a father earns. Even a father who makes 50K per year (that's a little less than an average wage) will not pay more than $20-50 per month and that money is for a child not a mother.

 

If she really is certain that he is a father, the only way I can see is to threatening him that if he deserts his child she would talk to his employer (presumably he has one). Having bad reputation at work is not a nice thing. There are a few Thai volunteer organisations in Australia that she could ask for help. 

Edited April 28, 2020 by myWish

[Dazinoz]

On 4/25/2020 at 1:37 PM, Preacher said:

By going through an Australian court.

 

By the way, the kid can apply for Australian nationality because of its father. Child support is awarded for the child, not the mother.

To do this the father would need to be DNA tested and I doubt that would happen if he is not answering her mails.

 

I know this because I have been through the process of making my son born in Thailand an Australian By Descent.

[sead]

As a friend you should have advised her to make abortion and concentrate on school. 

[LukKrueng]

On 4/25/2020 at 7:18 AM, GoDucks said:

What are his legal responsibilities?

None whatsoever. As they're not married he doesn't have any parental rights either. As she's Thai, lives in Thailand and probably gives birth in Thailand I can't see any way or reason for the Australian authorities to get involved

[Vigilante]

On 4/25/2020 at 11:23 AM, Preacher said:

The mother can file a paternity suit. If the courts find that he is the father he can be ordered to pay childsupport for his child. In Thailand it will be a few thousend a month plus half of all medical and educational costs.

 

It of course requires a lawyers (and money).

The courts in Thailand or Oz?

[Nanaplaza666]

On 4/25/2020 at 7:52 AM, cornishcarlos said:

 

That's your opinion, from hearing one side of a story... 

 

I guess it's still up for debate though ????

It's not up for debate if it's his child , she agreed emediatly with the paternety test so if the outcome is that it's his child he should take care of it . But his family are the deadbeats in this story emediatly demanding a paternety test is not such a problem but as everybody knows it doesn't matter wich country you go everybody that doesn't know anything about thailand emediatly thinks that all thai girls are hookers and bargirls and all girls are ladyboys . Seems to me that you are the one only listening to one side of the story that's why you say it's up for debate . It's up for debate if you know both sides of the story . 

[cornishcarlos]

7 minutes ago, Nanaplaza666 said:

It's not up for debate if it's his child , she agreed emediatly with the paternety test so if the outcome is that it's his child he should take care of it

 

You know nothing (me too) apart from what the OP has posted... He only knows what she has told him...

Bit early to be judging the guy and his family as deadbeats.. Maybe they didn't ask and it's all made up by the girl ?? 

Maybe not but we don't know that...