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Asked 3/10/2010

Half Dutch daughter - her father changes his mind about parental responsibilities. What are my rights?

My daughter is half Dutch, half English. Her father and I were in a loving relationship when we planned her conception back in 1999. Since we split, he then told everyone that the baby was a sperm donation, and told me that he didn't want to be a father anymore and had changed his mind.
He is a 43yr old Dentist/ professor working in a university.
I am a 42yr old full time working mom who has not received any benefits from him.
I had tried to make a child support claim some years back but was told it was not available as we are in 2 different countries.
Is this still the case? If I can make a claim, can it be backdated?

 
 
 
 
 
Answers

Answer 1/1 - Submitted 2/22/2012

As this relates to international law - specifically, international custody law - it is admittedly out of my realm of expertise. That said, here is what I would attempt to do (although I have no knowledge as to whether the applicable law will allow it).

First, as to the child support claim, I don't think that filing and even be awarded something is really an issue. Your problem is being able to collect on the judgment. In other words, an English court my grant you child support, but there's no authority to enforce it. Thus, you'd have to try to get a Dutch court to enforce any judgment that you received. Hopefully there is some agreement or understanding in place whereby the courts of the two countries give any legal orders full faith and credit. This would mean that a Dutch court could enforce an English order for child support.

If you are awarded any type of child support, I would assume it can be made retroactive, but it will oprobably only go back to the point where you two split up (I'm assuming you lived together).

Your best bet is to talk to both a Dutch and an English lawyer to see which legal system offers the best chance for you to collect and go from there. Good luck!

 
 
 
 
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