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I have registered my child citizenship by submitting all requirements from my husband and myself. Now, my child has Australian citizenship. However, the another Australian man who submitted the case to be the legal father of my child and the court ordered him to be the legal father of my child, Thai court. And the child using his surname which is different from the name at birth. I have some questions as follows:
1. Do I need to apply the citizenship for my child again because his legal father is Australian?

2. If do, what are documents required as he refused to sign the paper but the court order him to be the legal father and I exercise the parental power over the child solely.

3. Any penalty applied to my husband and I as we submitted all genuine documents before there was the court case and ordered?

State/Country relating to question: Australia

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Answered in 15 minutes by:
3/28/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,919
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 4 months ago
Thank you

Good Evening

How long have you been in australia on a permanent Visa?

Does the child have citizenship already with the incorrect father?

How did this happen?

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Customer reply replied 4 months ago
I don’t have a permanent visa. My son and I are living in Thailand. I have to go back and forward. My husband and I have registered our marriage before the son was born in Thailand. We have been together nearly 14 years. My son is nearly 6. So When we applied his citizenship we have lodged all documents required before the court order the other man is his legal father. So his surename has been changed.They both Australian. So my so is Australian. But we have to get him a new citizenship and passport. I would like to know that any punishment if we lodge a new application as his name change and father name. I’m worried as I have to go back and forward Australia. All the documents we lodged at that time were genuine. Unit the court order for the new father.
Customer reply replied 4 months ago
Sorry I’m not sure if you can understand my situation.

I am not sure why you need new citizehsip and a new father.

The father that is registered in Australia for the citizenship is not the father of the child?

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Customer reply replied 4 months ago
Because his new father change his sure name and it’s different from the name showing on citizenship and the official refused to issue the new passport for him by using the old citizenship
Customer reply replied 4 months ago
They are both Australian

But the chiold can only have 1 father.

If the father on the citizenship is not his real father you have a problem.

Fraud has been committed.

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Customer reply replied 4 months ago
At that time I was not sure who was his father yes I had and affair with 2 men but I am married so I registered my husband as his father
Customer reply replied 4 months ago
what should I do

Why did you not do a DNA test?

Is there a DNA test with the father that the Court said is the father?

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Customer reply replied 4 months ago
I have to travel to Australia as my husband is sick

Who is noted on the childs Birth Certificate the first father or the new one.

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Is the childs father for citizenship with you?

The child will not be able to get a passport without his signature

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Customer reply replied 4 months ago
No DNA test Thai court ordered the other guy to be the father because my husband and I refused to take the dna test

You have to work this out and get a dna test

If you do not then you will have big problems

The court order is not enough to change YOu need a DNA test because you have to explain why this happend.

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Customer reply replied 4 months ago
He is going to apply his citizenship but I am worried about penalties I have asked the Australian embassy in Thailand but the said nothing about penalties

The child has citizenship

He cannot get it again

You have to change it now and prove why it was given incorrectly the first time.

They will now want proof of paternity being DNA

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Customer reply replied 4 months ago
If it’s turn that he is the father what penalties will I get? What kind of problems. Can you help me?
Customer reply replied 4 months ago
The new father changed my son surname from my husband’s to be his surname.

You will not be penalised but you have to explain the error

I cannot do the work I am not allowed.

But you need the DNA to fix this and if the first father is the father the court order in Thailand has to be changed.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,919
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Customer reply replied 4 months ago
Can I call you tomorrow please send me your request then I shall pay for phone call.
Customer reply replied 4 months ago
Hi can I ask your more questions? And explain more clear about my situation then you can provide me correct advise?

Good Morning

Yes you can ask another question.

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Customer reply replied 4 months ago
I’m married to my husband. While I am married I cheated my husband, I slept with another and had sex with him and my husband. I forgot to take birth control pills. I was pregnant. I was not sure who is the father at that time. I told them both. My husband was happy until the other guy came into our lives tried to claim that he is the father. So it’s 50/50 percent chance. I believed that my husband is the father and I wish he is. We considered not to take the dna test as we believed like that. We registered our marriage because we haven’t registered it after we have been living as a man and wife for 8 years. My husband is Australian and British Nationality. So after I gave birth, we got all paper done and my husband named as the father on my son’ birth certificate. We registered his Australian and British citizenship and passport. Then, later the other man who I had sex with submitted the court case in Thailand to claim as the father and he won because we refused to take the dna test. He changed my son surename by using his surname without my permission but he used the court order and the official in Thailand changed it for him. As you may know my son got 3 Nationalites. So his surename is ***** ***** when he was born and his father name has been changed noted on his birth certificate and noted changed under the court order. So I want to correct it. So I asked the man to get his citizenship because he is Australian too. He said that his solicitor told him that I am guilty and I did fraud so I I will be held at the airport next time if I come to Australia and UK after he proceeding my sun citizenship because the immigration people will refer me to the police as fraud. I will be penalized 1000$-10000$ and jail up to 12 months. Is it true what he said ? Will I still travel to Australia and UK? What should I do?

Good Morning

If you were not sure you should have had a DNA test.

Even now you are not sure who the father of the child is.

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Customer reply replied 4 months ago
The problem is if it’s turned to be that the man is the father. What will happened to me and my son?
Customer reply replied 4 months ago
Will I be panalised ? That guy doesn’t help me pay anything even the court order in Thailand ordered him to pay for child support. I have to work and I have to travel to Australia because my husband is here and he is very sick.

Good Morning

Because you were not the one that put on the application in the court to have this man declared the father of the child, you cannot be penalised.

If he believes that he was the father and put on the application, the correct process was to get a DNA test to prove it.

Because this has not been done, if it is found that he is not the father then the court order in Thailand has to be overturned.

Any money you have received the child support from this man will also have to be repaid.

If he is the father, then you have to contact the Department of border control (immigration department) and advised that an error was made in the beginning and that it has since been discovered that another man is the father of the child. You would ask that the citizenship of the child be amended to note the new father.

You would then provide them with a copy of the DNA test and a copy of the court order made in Thailand

it should not make any difference to your travel to and from Australia.

But you have to fix this properly. If you cannot provide evidence to the immigration department that is 100% accurate they may refuse to change anything. The only way to make sure who the father of the child is is to get a DNA test.

I hope this is clearer.

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Customer reply replied 4 months ago
Thank you so much. We went to the Australian Embassy in Thailand and he couldn’t do anything for us I will talk to them again when I return to Thailand. So if this man submit the new application here for my son citizenship. I should not be worried, right? Because we are not a good friend and he tried to blame me for everything.
Customer reply replied 4 months ago
it has since been the discover means after we have a DNA test, correct?

Good Morning

You need proof of parentage in the form of the DNA test. If he is the father and the test proves it then he can apply and get it all changed.

You will be fine but you have to get the evidence and do it correctly.

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Customer reply replied 4 months ago
Fine means ok? Or I get fine. Sorry I’m freaking out and don’t know what to do please advise

Good Morning

Fine means okay.

You don't need to freak out if you do this correctly you will have no issues whatsoever.

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Customer reply replied 4 months ago
Thank you so much.

Good Afternoon,

you're very welcome and all the best.

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Customer reply replied 4 months ago
Hi can I ask you one more question please? That man he is angry with me and trying to prove me wrong. Because I didn’t call him and I don’t want to talk to him because he wants money from me and want me to be wrong. So, he book the lawyer to go with him to AFP. So, what AFP is going to do with my case?

Good Afternoon

They should not do anything

They will say it is civil and not criminal

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Customer reply replied 4 months ago
He tried to put me to be committed into fraud. If there is anything with that?

He can allege fraud with child support. But they will investigate

But at the moment there is no evidence and you are not 100% who the father is.

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Customer reply replied 4 months ago
Thank you very much for your answer quickly and your advice. You are the best. Thank you

All the best

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Customer reply replied 4 months ago
Hi One more question please. That man has my son citizenship and my documents which I gave him because he said he was going to apply for the the new citizenship. I requested him to send those papers back from him but he refused because he want to make me the hard time by contest me and inform AFP. How can I force him to get my papers back?

Good Afternoon

You would need to get an order from the courts, or if he is not the father report him to immigration as he has no right to them.

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Customer reply replied 4 months ago
Thank you:)

You are welcome

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Customer reply replied 4 months ago
While he is not 100% father because no dna test proof, can I report the immigration to require the papers back from him?

Immigration will not force him unless he is not the father.

You need to know if he is the father or not.

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Customer reply replied 4 months ago
Ok, thank you :)

You are very welcome

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Customer reply replied 4 months ago
One more question, I have the parental power over the child solely from Thailand court, can I still force him to return those papers back? By reporting to the immigration?

No

Immigration will only get involved if he is not the father.

He should not have them.

If it is shown he is the father then you need a court order.

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Customer reply replied 4 months ago
I have a question please. Before, I came to ask for your advice. The man gave me to sign the form of citizenship to apply for a new one 118 Form. Because he said that he could do it properly this way until the tings all happened according to the matters I have asked you before. I requested him to return the documents back and will do as your advise but he refused. The question is if he submit that form with my signature, will that proof that I accept him as the father even no dna test. He haven’t submitted now but he will accuse me from that to the immigration?

Good Evening

You leave everything as it is. Once you get the DNA test proving who is the father then you can contact me again.

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Customer reply replied 4 months ago
Thank you very much. You are always the best.

Good Evening

You are welcome.

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Customer reply replied 4 months ago
Hi Leon, help me please. I’ve got the email from that man. He and his lawyer tried to put me and my husband to be committed in fraud. What should I do?
This is his email. : 1stOk. I tried and tried to talk with you.But you just want to act like a baby instead of facing the mess you created.Why should I keep letting you frustrate me because you cannot put Tada before your pride.I really wanted to help. But you have gone to far with your selfish childish behaviour. Now I hope you get punished and I will support the AFP 100%.I will get my lawyer to find out where Les lives so he can get his reward as well.Good luck
Customer reply replied 4 months ago
This is his 2nd one:
You didnt want to cooperate for whatever reason.Means you put yourself before Tada. As always.Anyway the files have been lodged with Home Affairs (to get citizenship), Borderwatch (to prevent you doing more shit) and the Federal Police (to report false statements so the first citizenship can be rescinded).What else should I have done when you dont communicate but you want him to have a passport?My advice, contact an Australian lawyer before coming to Australia. There is a chance they might hold you at the airport.The good news...... my lawyer expects only a fine and a good behaviour bond. No jail. But if you dont have citizenship probably a period where you cannot come back. If they hold you at the airport they will detain you until the court case is finished.Well done Jiab. Made all difficult for me..... and now you made difficult for yourself.Why?? Whatever your reasons I hope you are happy. I know you will justify it to yourself.
Customer reply replied 4 months ago
He didn’t talk about DNA test or anything He want me to call him and made me committed in fraud. So, I didn’t talk call him or talk to him. I will do whatever the immigration requires. If you require DNA test I will but I don’t accept that or believe that My husband and I will be committed in fraud as we do what we believe.
Customer reply replied 4 months ago
Please give me advise. I am sick of this man. Please help me. I will appreciate and thank you so much.

Good Morning

I suggest you get the DNA test and get this sorted once and for all.

What I have told you to do will resolve the issues.

You have to clear this up with he correct evidence.

If you do not go forward and correct the issues then you will have problems.

Please have the tests done on the child and get this sorted so you are back in control.

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Customer reply replied 4 months ago
My child and I are in Thailand now and my husband and him are in Australia. So, shall I get the child for DNA Test and bring to Australia next time with me? I don’t want to contact that man again but if I provide this to the officer will be ok?
And you said that I will have problems, so please advice what kind of problems should I face then I shall do everything correctly. As you can see that, that man and I are not friendly with each other. While my son and I are in Thailand and those are in Australia. What should I do? Thank you
Customer reply replied 4 months ago
What have he said in the email what is the truth?

I cannot say if it is true or not.

If your husband is not coming back to Thailand you cannot do the DNA test he has to have a test as well.

Do not contact the man contact your husband and get this sorted.

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Customer reply replied 3 months ago
My husband is on chemo therapy. He is having a brain cancer and the doctor doesn’t allow him to travel to Thailand. My son cannot go to Australia as his citizenship and passport has not been sorted out. So, this is my situation at the moment. That’s why I have to go back and forward between Thailand and Australia. I have to be with them both but they are in different places. Do you have any advice or suggestion? I will appreciate.

I am sorry I don't

The situation is very difficult.

If he was born in thailand he should be able to get a thai passport to travel

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Customer reply replied 3 months ago
he has a Thai passport. I will try to apply for his visa. See if they will grant him a visa or not. Then, after the DNA test. I will come back to you. One more question, the original citizenship is with the man which he submitted to the immigration. Once, I have the DNA test. Can I still notifiy the immigration with the copy one?

I am sorry I don't

The situation is very difficult.

If he was born in thailand he should be able to get a thai passport to travel

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Customer reply replied 3 months ago
Thank you very much

You are very welcome.

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Customer reply replied 3 months ago
Today, someone from immigration called me at the office but I was not there. Because that man submitted the citizenship application. I haven’t contact him as your advice. So, if the immigration call me again. What should I tell him?

You tell him what you know.

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Customer reply replied 3 months ago
Okay Thank you very much

You are welcome

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Customer reply replied 3 months ago
This is his latest email : Please kindly advise me what do you think?
Looks like you want to be an idiot again like you was for first 6 years of Tada's life.Oh well. I tried hard to get you to be responsible.Now i hope that if you come to Australia you get arrested. Because you really need to learn not to bullshit or be stupid when it comes to t Tada.We all make mistakes. That is ok.But only an idiot ignores the mistake and blames other people instead of learning.I will hold onto Tara's new documents as you show you are not responsible to obtain his documents correctly. Which means you are not capable of using them correctly as well.When you show me you are responsible I will send them to you.

Good Afternoon

I would not respond

Leave it alone

Once you have the DNA test with your current partner and it shows that he is the father then you have the evidence.

With the email you send it to the immigration department or the AFP and show you are being extorted.

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Customer reply replied 3 months ago
Thank you very much you are the best

All the best

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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