How Can Thai Friend Get Financial Support For Baby From Swiss Father?

[Sparksy]

First off hello everyone, I’ve been lurking on your forum for a while and have finally taken the plunge and registered!

Anyway, I hope I’ve posted this in the right forum:

My friend is a Thai lady who married a Swiss national in December last year. She is currently over 6 months pregnant and the baby is due in February. Her estranged husband has for over a month been refusing any contact with her. He’s changed his phone no. and will not reply to any of her emails. What if any course of action should she take to ensure her child receives financial support from the absent father? Also, how would she go about getting a divorce if she is unable to contact him?

Many thanks…

[7by7]

You'll get better responses in the marriage and divorce forum, I think.

Is she in Thailand or Switzerland?

Is the father in Thailand or Switzerland?

[Sparksy]

You'll get better responses in the marriage and divorce forum, I think.

Is she in Thailand or Switzerland?

Is the father in Thailand or Switzerland?

Switzerland, as far as she knows, though she's been unable to contact him for quite some time...

Also, they were married in Thailand.

[Mario2008]

First the divorce part. She can file a report with police that her husband is missing and can't be located. After he has been missing for 1 year she can file for divorce based on abandonment. It is however easier if she can locate her husband and they file for divorce together. Than it is just a trip to the district office in Thailand and be divorced in 15 minutes for no cost.

Yes, the fahter is also responsible for child maintenance. Him probably being in Swiss the mother should inquire with a Swiss lawyer. She might contact isaanlawyers in Thailand, If I recall correctly the owner of that law firm is Swiss and will know about the possibilities under Swiss law.

In Thailand the fahter would have to pay between 3,000 and 6,000 baht a month and both parents share the cost for education and heatlh care. A Swiss court might give more.

[Sparksy]

You'll get better responses in the marriage and divorce forum, I think.

Is she in Thailand or Switzerland?

Is the father in Thailand or Switzerland?

Sorry, yes, she lives in Pattaya.

First the divorce part. She can file a report with police that her husband is missing and can't be located. After he has been missing for 1 year she can file for divorce based on abandonment. It is however easier if she can locate her husband and they file for divorce together. Than it is just a trip to the district office in Thailand and be divorced in 15 minutes for no cost.

Yes, the fahter is also responsible for child maintenance. Him probably being in Swiss the mother should inquire with a Swiss lawyer. She might contact isaanlawyers in Thailand, If I recall correctly the owner of that law firm is Swiss and will know about the possibilities under Swiss law.

In Thailand the fahter would have to pay between 3,000 and 6,000 baht a month and both parents share the cost for education and heatlh care. A Swiss court might give more.

Will she have to pay any fees to the lawyer? It's just that she's completely skint...

Thank you very much, you've been a massive help.

Edited December 2, 2011 by Sparksy

[Mario2008]

A lawyer will cost money, but if there are a few easy questions she might send them an email. Somtimes they do give simple advise that doesn't require any research.

In Switserland there might be free legal aid availelble. The child will probably have Swiss ationality also and must be registered ith the Swiss embassy. It is important to realize that the child has its own rights and can make a claim on child support (or somebody else will do that on its behalf). If the mother can not get free legal aid, the child itself might be able to get free legal aid.

[gburns57au]

First the divorce part. She can file a report with police that her husband is missing and can't be located. After he has been missing for 1 year she can file for divorce based on abandonment. It is however easier if she can locate her husband and they file for divorce together. Than it is just a trip to the district office in Thailand and be divorced in 15 minutes for no cost.

Yes, the fahter is also responsible for child maintenance. Him probably being in Swiss the mother should inquire with a Swiss lawyer. She might contact isaanlawyers in Thailand, If I recall correctly the owner of that law firm is Swiss and will know about the possibilities under Swiss law.

In Thailand the fahter would have to pay between 3,000 and 6,000 baht a month and both parents share the cost for education and heatlh care. A Swiss court might give more.

Divorce only required if the marriage was registered in Thailand or Switzerland.

Child maintenance in Thailand.......Good Luck with that.

Edited December 3, 2011 by gburns57au

[gburns57au]

A lawyer will cost money, but if there are a few easy questions she might send them an email. Somtimes they do give simple advise that doesn't require any research.

In Switserland there might be free legal aid availelble. The child will probably have Swiss ationality also and must be registered ith the Swiss embassy. It is important to realize that the child has its own rights and can make a claim on child support (or somebody else will do that on its behalf). If the mother can not get free legal aid, the child itself might be able to get free legal aid.

For the child to have Swiss nationality, paternity will need to be established, he obviously doesnt want to know....doubt he will submit to a DNA test

She is in Thailand....Swiss legal Aid wont apply to her

For the mother to receive child support.....Paternity will need to be established.

Her options are extremely limited......None

[meatboy]

there are a few factors that y should try and establish,is this man retired,and what visa has he,maybe he is still in thailand,if your freind has his full name get in touch with the swiss embassy,do she have a marraige cert.there maybe no point in trying to find him if the marriage was not reg.at the ampher,it is going to cost her money if she tries to prove he's the father,not knowing your intensions with this lady she does need help.

[Mario2008]

A lawyer will cost money, but if there are a few easy questions she might send them an email. Somtimes they do give simple advise that doesn't require any research.

In Switserland there might be free legal aid availelble. The child will probably have Swiss ationality also and must be registered ith the Swiss embassy. It is important to realize that the child has its own rights and can make a claim on child support (or somebody else will do that on its behalf). If the mother can not get free legal aid, the child itself might be able to get free legal aid.

For the child to have Swiss nationality, paternity will need to be established, he obviously doesnt want to know....doubt he will submit to a DNA test

She is in Thailand....Swiss legal Aid wont apply to her

For the mother to receive child support.....Paternity will need to be established.

Her options are extremely limited......None

They are married, the child will automatically be considered to be fahtered by the husband. It is up to the father in this case to proof he is not the father.

The child is a Swiss citizen and can lay a claim on the father.

Even if she or the child cannot get legal aid in Switserland, a Thai court can establish child maintenance. By international treaty such court order can be effected in almost any country in the world.

Your comment on enforcement in Thailand is misplaced. If a fahter has a job a Thai court can and will have the child maintenance deducted from the fathers salary. Problem is that many people have no official job and pay taxes etc and thus it is difficult to enforce.

[beano2274]

A lawyer will cost money, but if there are a few easy questions she might send them an email. Somtimes they do give simple advise that doesn't require any research.

In Switserland there might be free legal aid availelble. The child will probably have Swiss ationality also and must be registered ith the Swiss embassy. It is important to realize that the child has its own rights and can make a claim on child support (or somebody else will do that on its behalf). If the mother can not get free legal aid, the child itself might be able to get free legal aid.

For the child to have Swiss nationality, paternity will need to be established, he obviously doesnt want to know....doubt he will submit to a DNA test

She is in Thailand....Swiss legal Aid wont apply to her

For the mother to receive child support.....Paternity will need to be established.

Her options are extremely limited......None

They are married, the child will automatically be considered to be fahtered by the husband. It is up to the father in this case to proof he is not the father.

The child is a Swiss citizen and can lay a claim on the father.

Even if she or the child cannot get legal aid in Switserland, a Thai court can establish child maintenance. By international treaty such court order can be effected in almost any country in the world.

Your comment on enforcement in Thailand is misplaced. If a fahter has a job a Thai court can and will have the child maintenance deducted from the fathers salary. Problem is that many people have no official job and pay taxes etc and thus it is difficult to enforce.

What has been said about enforcement is absolutely correct. I got divorced in Germany and when in Thailand was approached about paying Maintenance for my children, but my salary was under the limit that is set in Germany so I did not have to pay. The matter is now closed as my children are both old enough, and also the Statue of Limitations has also expired so they cannot claim it back from me. It was not nice at the time, as a father someone wants to contribute to their kids lives, I wanted to, but could not, this guy seems like he just does not want to.

There are many Thais living in Switzerland, who would help your young friend by maybe locating him for her, maybe she can find a Thai ladies group on the net that are in Switzerland and establish contact with them.

[AsiaCheese]

I would suggest that she contacts the Swiss embassy (35 North Wireless Rd., Bangkok, Thailand 10501, email: [email protected], phone: +66 2 674 69 00, fax: +66 2 674 69 01) to get some advice there. There's "Swiss Law Co. Ltd." in Pattaya ([email protected], phone +66 38 300 881). While the "american system" of representing clients for free but getting a cut of the "take" is illegal in Switzerland (AFAIK), they might possibly do something like that seeing as they're operating in Thailand - worth asking.

A major question might be: did the marriage in Thailand get registered at the embassy or in Switzerland, i.e. "is it official"? If not, I would imagine that supplying the relevant papers from the ampoer to the Swiss embassy by her would still do the trick - but hey, I'm neither a lawyer nor an embassy person; phone them, ask them! They're usually quite helpful and can at least tell her what options she has. I would assume that she has been living in Switzerland for a while, yes? If that's the case, she's had a visa, and anything beyond a 3-months tourist visa needs lots of paperwork, among others proof of marriage.

In general, ladies have lots of rights in divorce and child cases in Switzerland; by definition, pretty much everything would work against the husband. Changing phone numbers and not answering emails is a bit of a joke on his part: while it makes things complicated for her, he's certainly not out of reach for the law!

And now: good luck...

Edited December 4, 2011 by AsiaCheese

[rotary]

Good luck on the child support. It ain't gonna happen and if you do get that support it will cost more to get it with lawyers than you get from the support.

[Swiss1960]

A lawyer will cost money, but if there are a few easy questions she might send them an email. Somtimes they do give simple advise that doesn't require any research.

In Switserland there might be free legal aid availelble. The child will probably have Swiss ationality also and must be registered ith the Swiss embassy. It is important to realize that the child has its own rights and can make a claim on child support (or somebody else will do that on its behalf). If the mother can not get free legal aid, the child itself might be able to get free legal aid.

For the child to have Swiss nationality, paternity will need to be established, he obviously doesnt want to know....doubt he will submit to a DNA test

She is in Thailand....Swiss legal Aid wont apply to her

For the mother to receive child support.....Paternity will need to be established.

Her options are extremely limited......None

They are married, the child will automatically be considered to be fahtered by the husband. It is up to the father in this case to proof he is not the father.

The child is a Swiss citizen and can lay a claim on the father.

Even if she or the child cannot get legal aid in Switserland, a Thai court can establish child maintenance. By international treaty such court order can be effected in almost any country in the world.

Your comment on enforcement in Thailand is misplaced. If a fahter has a job a Thai court can and will have the child maintenance deducted from the fathers salary. Problem is that many people have no official job and pay taxes etc and thus it is difficult to enforce.

The main issue - also mentioned in other posts - whether the marriage has been officially registered and acknowledged by the Swiss authorities. Then the child will automatically have Swiss citizenship. The Swiss law says this in BüG Art. 1 Par. 2: The underage foreign child of a Swiss father, who is not married with the mother, does receive Swiss citizen as if it would have been received through birth, through the declaration of the relationship of the child to the father.

What this means is the following: if either the marriage or the paternity were registered with the Swiss authorities, then the Swiss authorities will provide help to find and identify the father and will make him pay. They will do this based on the UNO treaty from June 1956 about Recovery of maintenance abroad which was signed by Switzerland.

If neither is registered, then it will be more difficult but not impossible and the Embassy will provide help with that regards. Thus, the best advice for the Thai woman is to have all her documents translated (and from the marriage, she would have a copy of the passport of the Swiss citizen) and approach the Swiss Embassy for advice and help.

[Mario2008]

Switserland recognizes a marriage performed in Thailand. The notification of the Swiss authorities of the marriage should not be more than a formality, but indeed best to contact the Swiss embassy.

[DentBalmer]

Swiss authorities are very ruthless towards swiss fathers when it comes to paying child support! And they have to pay a lot!

Swiss citizens living in switzerland must be registered at their local office so hopefully locating him should not be too difficult for the embassy/lawyers.

Like Mario2008 mentioned... try contacting "isaanlawyers" in Thailand. If the lawyers are swiss they will know what to do.

I think its pathetic fathering a child and not owning up to your responsibilities. If she has troubles locating him... PM me with some more details and maybe I can track down his contact details here in Switzerland.