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Brexit

Proving my son is British

10 replies

Val1607 · 28/12/2024 23:08

Hi, I'm German and my son was born in the UK to a British father. Trouble is, he's not on the birth certificate because he was in military jail when my son was born and we got married 2 weeks after his birth, so I cannot prove my son is British and get him a British passport (I only moved to the UK while pregnant). I have since tried to add him to the birth certificate but over the years he's always made excuses and said he doesn't need a piece of paper to know he's his son's father. We have now been separated since 2016 and he's blocked all contact. He denies that his son is his son (and even tells people the kid in the photos is his nephew, not his son), he never even responded to the court and lawyers after I filed for divorce (which has been granted without his input). he has also never responded to the child maintenance service, he owes his son over 5k in unpaid child maintenance and they said the last step now will be to put him in jail as he's never responded or paid (they now take pennies out of his benefit payments before he gets them). He won't tell CMS "That's not my kid" (as he never responded to letters, calls or in person visits) which would trigger them asking him to do a DNA test (which he'd refuse, so no point even thinking of this scenario really). I'm thinking of filing for a declaration of parentage but even that can't force him to do a DNA test. How do I prove he's his father? If he refuses the DNA test will the court say it's obvious he's the father? Or will I have wasted time and money? My son turns 16 in 2 months and he has indefinite leave to remain through me but I still want him to have the British passport he's entitled to.

OP posts:
Fraaances · 29/12/2024 04:26

I think you can apply to the army for DNA testing and prove it is his kid and force CMS payments from his pay as well.

Changingplace · 29/12/2024 04:31

If he was born in the UK doesn’t he have a UK birth certificate? Doesn’t that give the right to a UK passport anyway?

RAFOfficer · 29/12/2024 04:40

Fraaances · 29/12/2024 04:26

I think you can apply to the army for DNA testing and prove it is his kid and force CMS payments from his pay as well.

I think that’s only if he’s still serving, OP mentioned his benefits so it sounds like he’s not any more

oakleaffy · 29/12/2024 04:41

Changingplace · 29/12/2024 04:31

If he was born in the UK doesn’t he have a UK birth certificate? Doesn’t that give the right to a UK passport anyway?

I thought it was a legal obligation to register a birth in UK?

Edit...if he's got a UK birth certificate, isn't he British?

https://www.gov.uk/government/publications/birth-registration/birth-registration#:~:text=Birth%20registration%20in%20the%20UK,England%2C%20Wales%20and%20Northern%20Ireland

IKnowAristotle · 29/12/2024 06:36

Being born in the UK doesn't mean he is a British citizen.

I'm not an expert there doesn't appear to be an alternative to court action or DNA proof.

See:

https://www.gov.uk/check-british-citizenship/born-in-the-uk-on-30-april-2006-onwards

&

https://immigrationbarrister.co.uk/british-citizenship-for-children-of-unmarried-parents/

(Edited to alter advice based on how long OP was in UK before birth)

Changingplace · 29/12/2024 08:35

What was your nationalisation status when he was born OP? You might not need his father on the birth certificate if you can supply the info listed here;

www.gov.uk/apply-first-adult-passport/what-documents-you-need-to-apply

Val1607 · 30/12/2024 01:53

@TheSquareMile this to me would defeat the purpose, as he's already British! Plus it costs 1.5k vs declaration of parentage which costs £365.

@Changingplace @oakleaffy no, having a UK birth certificate does not automatically entitle you to citizenship. If you don't have a British mother or father (or in my case can't prove the other parent is british) you need to be able to prove you've lived in the UK for 5 years prior to your child's birth, which I did not. I am a European Union citizen and when I came to the UK I didn't need a passport and was free to be in the UK without visa. Obviously after brexit that all changed.

I do want to take my ex to court to prove my son's parentage, however, the court can't force him to do a DNA test and it is at their discretion to pass judgement on the parentage thereafter based on the evidence provided. I am unsure if photographs and videos are enough evidence. But I have a video in which my ex husband clearly identifies himself as "daddy" to our son! I just don't know if that's enough evidence! My ex husband has been telling everyone this is not his son. he's completely abandoned his kid so I think this is also a way for me to hold him accountable! The least his son deserves is a British passport after all his dad put him through and then abandened him.

OP posts:
mdinbc · 30/12/2024 02:22

I think you will need to see a lawyer, one that specializes in family or immigration law.

TheSquareMile · 30/12/2024 19:02

@Val1607

It does sound very complex.

I think that you will need to seek advice from a solicitor.

https://solicitors.lawsociety.org.uk/

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