Child support to unborn child

[GeeTee1990]

Hi there,
Please feel free to redirect.
My partner has separated from me recently and lives in Australia but is a British citizen, as am I. She is just now 6 months pregnant. I have now returned to England. To cut a long story short she's already asking me for money to support her choice to remain in Australia. I have already supported her financially throughout this time until she decided to terminate the relationship. Am I legally compelled to continue to support her financially?

[jaguarsuk]

Hi there,
Please feel free to redirect.
My partner has separated from me recently and lives in Australia but is a British citizen, as am I. She is just now 6 months pregnant. I have now returned to England. To cut a long story short she's already asking me for money to support her choice to remain in Australia. I have already supported her financially throughout this time until she decided to terminate the relationship. Am I legally compelled to continue to support her financially?

No, but you should pay for things your child need before being born (pram, clothes etc.) and support for your child once born morally. You are not obliged to support the mother of your child, at least under UK law anyway.

[GeeTee1990]

Awesome, thanks! We've already got all that stuff sorted so I'm all good. I'm going to get a parental responsibility order and pay child support so I have visitation rights and can stop her from stealing the child and taking her to Australia without my permission where I can't see her. The mum is saying that i have a moral responsibility to fund her lifestyle but as long as i don't legally have to then it's fine.

[jaguarsuk]

Awesome, thanks! We've already got all that stuff sorted so I'm all good. I'm going to get a parental responsibility order and pay child support so I have visitation rights and can stop her from stealing the child and taking her to Australia without my permission where I can't see her. The mum is saying that i have a moral responsibility to fund her lifestyle but as long as i don't legally have to then it's fine.

No you don't, she's pregnant not ill and therefore should provide for herself.

You don't have to apply for parental responsibility now, since 2007 it is granted automatically to both parents. Only had the child been born before that date would you have apply.

Be aware to be on the birth certificate you will need to be present when the birth is registered. A mother can only register a parent she is married to without them being present.

[GeeTee1990]

What about if i can't be present due to the fact that it's in Australia? will i still need to get a parental responsibility order?

[jaguarsuk]

What about if i can't be present due to the fact that it's in Australia? will i still need to get a parental responsibility order?

You'll need to look into Australian law, apologies I was talking about in the uk

[GeeTee1990]

We're both of us British citizens though. She is trying to keep the baby in Australia without my consent once she's born. I don't know whether or not she'll be successful in getting her visa approved, but since both the two of us and the baby are UK citizens, surely I'll go through the UK courts?

[jaguarsuk]

We're both of us British citizens though. She is trying to keep the baby in Australia without my consent once she's born. I don't know whether or not she'll be successful in getting her visa approved, but since both the two of us and the baby are UK citizens, surely I'll go through the UK courts?

Your child will be Australian, that's where it will be born and therefore it doesn't matter what nationality you are. You could go through the UK Court, but then you will have to go through the Australian courts to ask them to recognise what you have achieved in the UK court.

Your ex partner hasn't just upped and left the country with your child, so you're going to find it very hard to have a court force them to return with your child.

[GeeTee1990]

I don't think it works like that. From what I've read, the child is attached to the visa of the parent. She'll only be on a tourist visa, so we'll need to get a uk passport for it.*

[GeeTee1990]

"Children born in Australia*automatically acquire*Australian citizenship*if at least one parent is an*Australian citizen*or a permanent resident at the time of the*child's birth, according to the Department of Home Affairs (DHA) website. Neither of us are permanent residents, so she'll have to return home.

[jaguarsuk]

"Children born in Australiaautomatically acquireAustralian citizenshipif at least one parent is anAustralian citizenor a permanent resident at the time of thechild's birth, according to the Department of Home Affairs (DHA) website. Neither of us are permanent residents, so she'll have to return home.

Not if she achieves permanent residency before the child is born.

[GeeTee1990]

Ok that's fine, she won't be able to. That takes at least 3 years.*

[GeeTee1990]

Another question, then (thanks so much for all of your help so far, it's been an incredible comfort): what barriers would there be for me getting a parental responsibility order? Would it help my case to be present for the birth? Should I continue to send her money even though I'm not legally obligated to? What kind of stuff do they look into? Is it an easy process, does she need to be present during the process, etc.?

[jaguarsuk]

Another question, then (thanks so much for all of your help so far, it's been an incredible comfort): what barriers would there be for me getting a parental responsibility order? Would it help my case to be present for the birth? Should I continue to send her money even though I'm not legally obligated to? What kind of stuff do they look into? Is it an easy process, does she need to be present during the process, etc.?

Refer to post #4 paragraph 2

You don't have to apply for parental responsibility now, since 2007 it is granted automatically to both parents. Only had the child been born before that date would you have apply.