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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Sir, I have a question regarding the acknowledgement

Resolved Question:

Dear Madam/Sir,
I have a question regarding the acknowledgement of paternity and the child maintenance. In 2011 I got pregnant while still being married to my ex husband. I am polish and the father is a british citizen. My ex husband and I tried to work on the marriage after me getting pregnant (earlier he has never wanted to have any children) and he agreed that his name should be in the birth certificate of my daughter. Things haven't worked out as we wanted and we got divorced in 2014 after him meeting his current wife and my daughter and I moving to Germany in the mid of 2013. The real father knew about his baby from the beginning on. He came to see her several times during the last years. Unfortunately he has never shown any interest in recognising our baby and supporting us in any shape or form. Would you be so kind and help me find out what is the procedure in UK in case of acknowledgement of paternity and the child maintenance? Thank you very much in advance
Kind regards, *****
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Does he see the child?
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Where was the child born?
Clare
Customer: replied 1 year ago.

Dear Clare,

my daughter ( Antonina) was born in Poland. Chris (the father) was with me at some appointments - mainly scans. He saw his daughter 4 weeks after birth for the first time ( have photos of the visit) and later on a regular basis every quarter. He came to Germany for Christmas 2013 and Easter 2014, we visited him during the Christmas in 2014 and Easter 2015. He can see his daughter as often as he wishes.

Antonina met his family incl. three children from previous marriage.

Hope this helps

KR

Aga

Expert:  Clare replied 1 year ago.
Hi
Have you made arrangements for your husband's name to be removed from the Polish Birth Certificate?
Clare
Customer: replied 1 year ago.

Hi,

we have contacted a solicitor in Poland and found out that my ex husband needs to send an official request to a state attorney. The whole process may take a very long time without the real father acknowledging the baby.

P.S. my ex husband and I got divorced staying friends and are still in a very good relationship ( we were together for 15 years)

Expert:  Clare replied 1 year ago.
Hi
Do you have any evidence that he is actually the father?
Clare
Customer: replied 1 year ago.

Hi,

I don't have an evidence in form of a genetic test. This is why I would like to find out what legal possibilities I have to actively encourage the father to take the test. After a clear result confirming that he is the father I assume I should contact the child support agency in UK to help me further?

Another question would be where should this test be taken? In Poland as I am a polish citizen and my daughter as well, in Germany as I live and legally work (BP in Finance Dept. as an FA Advisor - perm contract) there for 2 years now or in UK?

Aga

Expert:  Clare replied 1 year ago.
Hi
Even if you have a DNA test you will not be able to use the CSA as you are living in Poland.
You can apply to the courts here in the UK for Child Maintenance - and within that applictaion a DNA test may be ordered - although you may have to pay at least half of the cost of it
Alternatively you can apply to the courts in Poland and apply to have the Polish Order enforced in the Uk under reciprocal European Laws
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Dear Clare,

I am living with my daughter in Germany not in Poland. Paying my taxes in Germany and having my registration of residence in Germany.

Aga

Expert:  Clare replied 1 year ago.
HI
My apologies - then you can apply in the German courts and enforce the German Order in the UK via the reciprocal arrangements
Clare
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