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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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The claimant is a 24 years old female, a Bangladeshi Citizen

Customer Question

Hello,
The claimant is a 24 years old female, a Bangladeshi Citizen currently living in Bangladesh. Both her parents were married in Bangladesh and had divorced soon after her birth. At the time of her birth the claimant’s father was a British Citizen and the mother was a Bangladeshi citizen. After claimant’s birth both parents divorced. The farther remarried and always lived in the UK. The mother also remarried and moved to UK with her new partner. The claimant was left behind in Bangladesh with her Grandmother, who raised her.
Now the claimant wants to come to the UK under her father’s British Citizenship, however, the farther is not co-operating and is not willing to provide paternity test; hence she cannot prove he is her farther.
My question to you is can the claimant get a court order against her farther to give a paternity test , if yes , what is the process, where does the claimant issue / apply the court order ; in the UK or in Bangladesh.
Also, currently claimant’s mother is living in the UK with her husband, she is now a British Citizen; can she be any help to the claimant?
Furthermore, the farther never helped or paid for claimant's maintenance - does she have a claim on his assets both in UK and Bangladesh?
Thank you in advance for your help.
Abul
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Does she have a birth certificate naming the father?

Where was her father born?

Customer: replied 1 year ago.
Hello Clare,Thank you for your help.Yes claimant has a birth certificate naming her father. Background to her birth certificate; in Bangladesh not everyone register their birth when they are born, they only apply for a birth certificate when they need it. In 2010, the claimant and her mother applied for a claimant’s birth certificate in Bangladesh. Subsequently, claimant was issued with her birth certificate. Claimant then made a right of abode in the UK application. The application subsequently was rejected by the high commission on the basis of the time gap between her birth and the application date for the birth certificate.Claimant father was born in Bangladesh; however, he initially came to UK with his father as a dependent to him. Claimant’s father acquired British Citizen before her birth, he has a naturalisation certificate.Now claimant’s wants to enforce a court order against her father to give a paternity test, so she can prove he is her father.For more information feel free to contact me anytime.
Expert:  Clare replied 1 year ago.

The Claimant can make an applictaion to the Court in the Uk for a Declaration Of Parentage.

This is done using the form here

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/0809/C63.pdf

and the fee is £365 and she will also need to be able to pay for the DNA test.

The Court can order her father to have the test - and if he refuses they can simply make an Order confirming that he is indeed her father.

I hope that this is of assistance - please ask if you need further details

Expert:  Clare replied 1 year ago.

Do you realise that a phone call will cost more?

Customer: replied 1 year ago.
Thank you for your reply.Currently the father residing in Bangladesh (his main home now), however, his got his wife and children from his second marriage living in UK, he does visit them in UK time to time.Claimant lives in Bangladesh; In Declaration of Parentage which address does she put for the father; UK or Bangladesh? if Bangladesh ( I am think how will UK Court enforce him in Bangladesh if he does not comply with them)
Expert:  Clare replied 1 year ago.

How often does he come to the UK?

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Last time he was in the UK was in 2004. Claimant do not know his UK address, but knows his brothers business address - once he was in partnership with them.
Expert:  Clare replied 1 year ago.

I am afraid that if the father is not resident in the Uk then there this lady cannot make any applictaion here in the UK.

She will have to rely on the law in Bangladesh

Customer: replied 1 year ago.
Ok thanks.If ever father comes back to UK can the claimant's mother UK residents make any application in the UK on behalf of the claimant.
Expert:  Clare replied 1 year ago.

No I am afraid that of he comes back to the UK the claimant herself will have to issue the application - but she need not be in the country to do so

Customer: replied 1 year ago.
Ok so the claimant can be in Bangladesh and make the application, but in the form it says her home address, is that mean she can put her Bangladesh home address..
Expert:  Clare replied 1 year ago.

Yes but she cannot make any application unless HE is in the UK