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Clare
Clare, Family Solicitor
Category: UK Family Law
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Experience:  25 years experience of all aspects of family law
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My husband has a child in Malaysia with an Indonesian woman

Resolved Question:

My husband has a child in Malaysia with an Indonesian woman from a previous relationship. he is not on the birth certificate as the father but a DNA test proves he is the father. he has always paid maintenance for this child The child lives with an aunt, not her biological mother. is he able to gain custody of this child if he feels the child would be better off living with him. The baby was born in Malaysia to an Indonesian woman and therefore there is a dispute as to which passport she should have. Is it possible for her to get a British passport and be adopted properly by her biological father? We currently live in malaysia

Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question I shall do my best to assist you.
The child is certainly entitled to a British Passport if the mother wishes him to have one - but since the child lives in Malaysia it will be a matter of Malaysian law who the child lives with and whether or not the child can be relocated to the UK at any time in the future
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 1 year ago.

do you have any idea how malaysian law works in this context. as he has never married the mother we have been told locally that he has no paternal rights at all. if they had married it might be different. can we obtain a British passport form the British Embassy if she agrees and does it give the mother the right to live in the UK if the child has a British passport?


 

Expert:  Clare replied 1 year ago.
Hi
No it does not give the mother the right to live in the UK - and the mother will have to apply for the Passport.
I am afraid I have no knowledge of Malaysian Family Law
Claire
Customer: replied 1 year ago.

if she agrees does the mother get the passport from the british Embassy and what proof do they need

Expert:  Clare replied 1 year ago.
Hi
She will have to apply for a Passport from the Embassy
The rules are here
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn4.pdf?view=Binary
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28846
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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Clare
Clare
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25 years experience of all aspects of family law