Complicated child maintenance - advice needed
Discussion
I'm trying to help out a friend here, so any advice given would be most welcome.
She's a Czech citizen and still living there now. 6 years ago, she met a British guy there and they had a relationship. Shortly afterwards, she became pregnant and 3 months into the pregnancy he dumped her. It turns out in fact he was already in a long term relationship with another woman and it all completely hidden from both women.
He has shunned all his responsibilities, both financial and physically as a father for this child. He has refused to make any financial contribution and has never met his son (all he does is periodically 'like' some pictures via Facebook).
Now he's living back in the UK again and the only contact she has with him is via Facebook. She doesn't know his address, phone number etc. but she does know the village he lives in and the name of the long term partner.
I've tried to convince her that she should try to pursue him for, the very least, some financial support (she really struggles at the moment). She is somewhat scared of him as he's previously threatened her, but I've assured her that if he makes any threats then we will speak to the police in the UK immediately.
I would like to help her out, but it's a complicated situation. We don't have an address and it's likely he might try to deny he's the father. I understand that the CMS/CSA won't be able to get involved as she's not living in the UK. I told her that it's likely she will need legal help and I can give her some financial support for this.
Anyone got any advice as to steps we should take (other than speaking to a solicitor)? Or any legal experts on here also? Thanks
She's a Czech citizen and still living there now. 6 years ago, she met a British guy there and they had a relationship. Shortly afterwards, she became pregnant and 3 months into the pregnancy he dumped her. It turns out in fact he was already in a long term relationship with another woman and it all completely hidden from both women.
He has shunned all his responsibilities, both financial and physically as a father for this child. He has refused to make any financial contribution and has never met his son (all he does is periodically 'like' some pictures via Facebook).
Now he's living back in the UK again and the only contact she has with him is via Facebook. She doesn't know his address, phone number etc. but she does know the village he lives in and the name of the long term partner.
I've tried to convince her that she should try to pursue him for, the very least, some financial support (she really struggles at the moment). She is somewhat scared of him as he's previously threatened her, but I've assured her that if he makes any threats then we will speak to the police in the UK immediately.
I would like to help her out, but it's a complicated situation. We don't have an address and it's likely he might try to deny he's the father. I understand that the CMS/CSA won't be able to get involved as she's not living in the UK. I told her that it's likely she will need legal help and I can give her some financial support for this.
Anyone got any advice as to steps we should take (other than speaking to a solicitor)? Or any legal experts on here also? Thanks
That was my initial thought too, until I found this - https://www.gov.uk/child-maintenance-if-one-parent...
I think one of the hardest things here is that she has no address for this other individual. I've tried the electoral register, phone book, Google searches etc. but there is no record of him. Even his Facebook page is under a pseudonym.
I think one of the hardest things here is that she has no address for this other individual. I've tried the electoral register, phone book, Google searches etc. but there is no record of him. Even his Facebook page is under a pseudonym.
Edited by AndyHCZ on Tuesday 27th December 12:17
The child should be automatically a British citizen by right, as his father is British (although he may try to dispute paternity legally, in Facebook conversations he accepts paternity).
The father is not mentioned on the birth certificate (for a few reasons).
The courts must have powers for residents of this country. If the mother was British living overseas, would it be any different if the father here refused to pay child support?
The father is not mentioned on the birth certificate (for a few reasons).
The courts must have powers for residents of this country. If the mother was British living overseas, would it be any different if the father here refused to pay child support?
Bearing in mind europeans living in the UK can get child benefit for a child living in their home country it would seem possible that child benefit mat apply in this case. He might of course own over the threshold, or have more children and therefore it would be of limited value.
Alternative solution would appear to be to get her to move to the UK with child then chase through courts.
I have no idea whats possible though, need an expert.
Alternative solution would appear to be to get her to move to the UK with child then chase through courts.
I have no idea whats possible though, need an expert.
Ahbefive said:
Never thought to use contraception?
I came here for advice, not for people to judge her.The fact remains the boy's father has neglected his responsibilities. No one can force him to be there for his son, that's his decision. But to refuse to support his child financially is both morally and (I guess) legally wrong.
The child state benefit is £16 a month in the Czech Republic and that doesn't go a long way for a single mother, working 2 jobs to support her child. When the father posts pictures of his luxuries in life on Facebook, you can see why she feels aggrieved.
AndyHCZ said:
The fact remains the boy's father has neglected his responsibilities. No one can force him to be there for his son, that's his decision. But to refuse to support his child financially is both morally and (I guess) legally wrong.
The child state benefit is £16 a month in the Czech Republic and that doesn't go a long way for a single mother, working 2 jobs to support her child. When the father posts pictures of his luxuries in life on Facebook, you can see why she feels aggrieved.
Don't forget you are only hearing one side of the story.The child state benefit is £16 a month in the Czech Republic and that doesn't go a long way for a single mother, working 2 jobs to support her child. When the father posts pictures of his luxuries in life on Facebook, you can see why she feels aggrieved.
PurpleMoonlight said:
Don't forget you are only hearing one side of the story.
I've read their messages and it's fairly clear what kind of individual he is. When someone threatens a 21 year old of what he will do if he's named as the father or she tells anyone, then it really shows what a despicable person he is.I cannot see any other side that can possibly justify what he's done and said here.
Ahbefive said:
Indeed, it's very easy to trap a "rich Englishman" and then end up with UK taxpayers paying for it.
I fail to see what on earth this has to do with UK taxpayers?! Please explain.+ I should add she has no intention to claim anything off the UK state/taxpayer. All she wants is for the boy's father to provide financial support.
AndyHCZ said:
I fail to see what on earth this has to do with UK taxpayers?! Please explain.
+ I should add she has no intention to claim anything off the UK state/taxpayer. All she wants is for the boy's father to provide financial support.
See the post by "Chrisg" above my first one.+ I should add she has no intention to claim anything off the UK state/taxpayer. All she wants is for the boy's father to provide financial support.
Ahbefive said:
See the post by "Chrisg" above my first one.
My understanding is that the father could claim child benefit, even though the child lives in the EEA, to assist with his child support contribution (either family agreement or court decision). This would be entirely up to him though.I would be interested to know (if anyone has any legal expertise here) what it likely cost for a court to make a ruling against the father here and whether it can be backdated for the years he has failed to provide any other support. The other issue would be how to actually locate him as he will exist on government databases (DVLA/HMRC etc.) but I doubt there is access to these from any professional tracer services.
AndyHCZ said:
I would be interested to know (if anyone has any legal expertise here) what it likely cost for a court to make a ruling against the father here and whether it can be backdated for the years he has failed to provide any other support. The other issue would be how to actually locate him as he will exist on government databases (DVLA/HMRC etc.) but I doubt there is access to these from any professional tracer services.
Why doesn't she just go through the process you linked to?Chrisgr31 said:
Ahbefive said:
See the post by "Chrisg" above my first one.
My suggestion was she moved to the UK and fought through the courts, not that she lived off the UK taxpayer.AndyHCZ said:
She is somewhat scared of him as he's previously threatened her, but I've assured her that if he makes any threats then we will speak to the police in the UK immediately.
Unless he is prepared to travel half way across Europe or has some dodgy associates in the Czech Republic in order to carry them out then the threats may be more posturing than real. That said, if there is any actual likelihood of it materialising then she should alert her domestic authorities.AndyHCZ said:
That was my initial thought too, until I found this - https://www.gov.uk/child-maintenance-if-one-parent...
.http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?...
As this is a Regulation rather than a Directive it is automatically applicable to and binding on the UK.
http://www.usda-eu.org/eu-basics-questions/differe...
AndyHCZ said:
I think one of the hardest things here is that she has no address for this other individual. I've tried the electoral register, phone book, Google searches etc. but there is no record of him. Even his Facebook page is under a pseudonym.
If you really want to help her, pay for a tracing agent to find him. Such people have methods and access that won't be open to you. With his name, the village where he lives (assuming this is correct), and the name of his long term partner it will be a walk in the park for a professional - http://www.theabi.org.uk/find-an-investigatorThat's the easy part. Enforcement less so. You may find this helpful - http://europa.eu/youreurope/citizens/family/couple...
My step-son's father pays £30 a month to contribute to his son's upbringing and is only bothered with him when he can be arsed - he stays with him every other weekend - before I met my wife she had tried to make him contribute more but he managed to avoid paying any extra, so she gave up trying. If the guy is an a
hole then I can see it being an even bigger struggle to get him to contribute from abroad.
Saying that - my mate who is not an ahole pays a fk load to his evil ex and pretty much funds her lazy lifestyle - unfortunately it seems that the biggest ahole parent usually gets the best deal.
Sorry to put a downer on it.
hole then I can see it being an even bigger struggle to get him to contribute from abroad.Saying that - my mate who is not an a
hole pays a fk load to his evil ex and pretty much funds her lazy lifestyle - unfortunately it seems that the biggest ahole parent usually gets the best deal.Sorry to put a downer on it.
AndyHCZ said:
whether it can be backdated for the years he has failed to provide any other support.
No, is the short answer. Clock starts when she gets in touch with the CMS (CSA as was) and starts the process. Mind you, they'll want mum and dad to be grownups about it and sort something out themselves.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff