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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Woman to keep baby;tells father stay away;his responsibity?

Customer Question

A woman is pregnant, accidentally. The couple didn't want a baby, and generally used contraception, but once didn't. On becoming pregnant, the mother decides to keep the baby. The father would prefer an abortion. The mother and father are civil and coopoerative about it. The mother tells the father not to be involved, to stay far away, and not to pay any money. The couple were not married; they knew each other only briefly. From the father's point of view, is it possible to be absolved of responsibility for the child?


 


Father is from and in the UK.


Mother is from and in Kazakhstan.


Conception was in Kazakhstan.


 


Father has record of mother's internet chat/emails saying she will never ask for anything.


 


This question is from the father: if both parents sign an agreement saying that the mother will never ask for anything, including any money, is it likely to protect the father from possible future requests, from the mother or her family, for money or other support?

Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

It doesn't matter whether he sees the child or not, he is still liable for child maintenance. I assume they both live in the UK.

I don't know whether he wants to see the child or not. But if he applies to court, he will get granted an order to see the child and for the child to see him .

Before rushing off to court, they should try to resolve the matter using family mediation

http://www.familymediationhelpline.co.uk/find-service.php

. If that fails, or it breaks down, then if he wants contact , he is faced with an application to court. If he does not want contact, , she cannot making have it. As I said earlier, whether he has all wants contact or not he is still liable for child maintenance at 15% of his take-home pay for one child that lives 100% with the mother. that is payable under the child reaches 19 or leave full-time education .

I appI appreciate that this is not the answer you wanted but there is no point in me misleading.
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Customer: replied 4 years ago.

Hello,


 


Thanks for your response. Please can I ask more, because it hasn't answered my question.


 


Please note as stated: the mother is in Kazakhstan, the father is in England.


 


I appreciate that you are not expected to be familiar with Kazakhstan law, but if international law works in a similar way to EU law, then if she wishes to use courts, then she would use the courts of the country that the father is in, which would be England.


 


The mother suggests that the father has no contact with her or the child, and that the father pays no maintenance and gives no support.


 


My question is, if the father is OK with this suggestion, can he somehow be protected from any future requests for money or support?


 


This is not the usual case of the father wanting access. In this case, the father is willing to agree to lack of access, but wants the mother to be bound by her statement, made pro-actively, that she won't seek maintenance/money/support.


 


I am the father, and I want to know that if I agree to this with her, that she cannot suddenly approach me in 5, 10, 15 years, and ask for money. I want that peace of mind.


 


She's essentially being quite thoughtful by 'relieving' me of any responsibility, but I worry that if she needs support in the future she could still ask me. Or her family could chase me.


 


Thank you

Expert:  Clare replied 4 years ago.
Hi
The issue of Parental Responsibility for and Contact with the child would be dealt with under the country in which the child lives - in this case presumably Kazakhstan law.
Without knowing the approach taken there to the issue of child maintenance it is immensely difficult to give you clear assistance.
HOWEVER in the most general of terms assuming that the child is not adopted IF the mother chose she could issue an application to the court in the UK for maintenance and this would be granted - no matter what paperwork she had signed saying she would not do so
Claire
Expert:  Stuart J replied 4 years ago.

You actually said that the the mother wanted to keep the child and have made no suggestion that the child would be adopted.

To summarise if the child lives in the UK, there is no mechanism in the legal system where you and she can agree that you do not pay child maintenance in exchange for not seeing the child.

She is always free to change her mind .

I'm sorry, I appreciate that this is not the answer you wanted but there is no point in me misleading you .



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Please
don't forget to positively rate my answer service (even if it was not what you
wanted to hear) and I will follow up any further points you raise for free. If
you don't rate it positively, then the site keep your deposit and I get 0 for
my time. If in ratings you feel that you expected more or it only helped a
little, please ask me for further info before rating me negatively otherwise I
don't get paid at all for my time and answer.

The thread remains open. Thanks