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Parental Responsibilities And Right In Australia And US Law

UserPost

12:17 am
September 6, 2009


j

Abangan

posts 5

Hi there,

I'm Indonesian, expecting a child out of wedlock located in Jakarta. The father of my child is an Australian, and he clearly told me he didn't want the child and didn't want to have anything to do with me (and the child) anymore.

I have a daughter who is also out of wedlock, and understand it's hard for her to grow up here in Indonesia with her status. Her father, who is an American, was my fiance until we seperated before we knew I was pregnant. But once he knew he'd been supportive and accepted her and they have a great father-daughter relationship. 

Now that I've seen how difficult it is for my daughter, I really don't think it's a good idea to give birth my future son without a father. My daughter's father offers me a marriage so that the child will have a father's name on his birth certificate. I can't think of any other way to save my future child… so I'm thinking about this option.

But here's my concern. Say I decide to marry him. Just in case… things turn bad in the future, and say we seperate for some reasons, will he has the same right as my child's biological father? I don't mind if we raise the kids together, it's just, I'm afraid if he goes back to his country and take the kids with him, since he's financially more stable than me right now. And about citizenship. If we got married, will my future son adopt US citizenship or can I just keep his Indonesian citizenship? Will it help if we make somekind of prenup, that he doesn't need to support the child financially, so he doesn't have full right of the child if we decide to seperate? He also had an intention to adopt our daughter, to legalize it on the paper. Will it make any difference to her? I don't think they will change what's written in the birth certificate, right? Will it change her nationality? Will it be an advantage for her that she is adopted? For your information, now he doesn't pay child support since I decline the offer. Then he puts the money under her name that she can use once she becomes an adult. Will this help him if he wants to obtain full custody through the court?

And another thing, I know there's no slightest chance that this will happen, but just in case, the biological father was struck by lightning and all of sudden he decides he is ready to become a father, will he have the right? I keep all the emails and text massages he sent (too bad I didn't record our conversation that he wanted me to have an abortion and all :p), will this help to stop him from seeing his child? Can I just lie that this isn't his child? Can I stop him from asking a DNA test? Does it help that the child is carrying different family name? If this will be done in court, will it be done in my country where I reside or his?

I know I sound cruel asking all these questions. But my father can take away my daughters for excuses he made up and I'm not allowed to see them until I can show a salary receipt which can cover their monthly expenses, after he closed down my business. I do think people can do anything to make others suffer, or to get whatever they want.

If you know where I can find the info regarding to this matter, that would be great too (I can't afford to pay anything right now tho.

4:08 am
September 6, 2009


Dragonwall

Santri

posts 58

You are expecting another child from an Australian and another fathered by an American.

Both of them are liable for child support.  This will end until a decision is made to either one or others who is willing to tie the knot with you.  The newly wed shall then be :

For the Australian he will have to be the step father to one of your child and similarly the other way round.

As for the person other then these two, he will step father the two bearing all the responsibilities.

You can't lie to any of those you intend to.  A touch DNA can prove something let alone a full DNA test.  Therefore forget the idea of lying.

The child of these two father shall be holding the nationality of their father unless you file a restraining order and you are willing to carry the full burden in upbringing the children.

You have every right to name them as biological father and apply a court order in their country to have them accept the responsibilities in either way, provide child support or have them taking care of the child.

If you marry someone now and things doesn't work out, you are every which way but lose.

Tell you something about the attitudes of these people.  When both of you are not married they can do whatever they like not to own the child or provide any child.  Typical.  Do you know how much is to a child support until they are 21 or when you remarry? Approximately 20 to 25000 USD a year.

Take your pick but make the right decision.

6:08 am
September 6, 2009


Odinius

Santri

posts 66

Tough set of questions, j.

Can't comment on the Australia bit, but US law is clear…if your child is born to American parents or born on US soil, he or she is an American citizen.  However, you may need to prove to the US embassy that your daughter is indeed the daughter of an American citizen.  I don't know how that happens.  It also does not mean that you get anything out of it.  You would have to marry an American, get a job there, or to apply via the green card lottery in order to become a citizen or permanent resident…if you want to.    

For your children, they can have dual citizenship until they are 18, then Indonesia forces them to choose.  

…and I'm sure, if your kids are born in Indonesia, they are covered by Indonesian family law and not Australian/American.  

6:05 am
September 7, 2009


Suryo Perkoso

Santri

posts 61

j said:

Hi there,

I'm Indonesian, expecting a child out of wedlock located in Jakarta. The father of my child is an Australian, and he clearly told me he didn't want the child and didn't want to have anything to do with me (and the child) anymore.

I have a daughter who is also out of wedlock, and understand it's hard for her to grow up here in Indonesia with her status. Her father, who is an American, was my fiance until we seperated before we knew I was pregnant. But once he knew he'd been supportive and accepted her and they have a great father-daughter relationship. 

Now that I've seen how difficult it is for my daughter, I really don't think it's a good idea to give birth my future son without a father. My daughter's father offers me a marriage so that the child will have a father's name on his birth certificate. I can't think of any other way to save my future child… so I'm thinking about this option.

But here's my concern. Say I decide to marry him. Just in case… things turn bad in the future, and say we seperate for some reasons, will he has the same right as my child's biological father? I don't mind if we raise the kids together, it's just, I'm afraid if he goes back to his country and take the kids with him, since he's financially more stable than me right now. And about citizenship. If we got married, will my future son adopt US citizenship or can I just keep his Indonesian citizenship? Will it help if we make somekind of prenup, that he doesn't need to support the child financially, so he doesn't have full right of the child if we decide to seperate? He also had an intention to adopt our daughter, to legalize it on the paper. Will it make any difference to her? I don't think they will change what's written in the birth certificate, right? Will it change her nationality? Will it be an advantage for her that she is adopted? For your information, now he doesn't pay child support since I decline the offer. Then he puts the money under her name that she can use once she becomes an adult. Will this help him if he wants to obtain full custody through the court?

And another thing, I know there's no slightest chance that this will happen, but just in case, the biological father was struck by lightning and all of sudden he decides he is ready to become a father, will he have the right? I keep all the emails and text massages he sent (too bad I didn't record our conversation that he wanted me to have an abortion and all :p), will this help to stop him from seeing his child? Can I just lie that this isn't his child? Can I stop him from asking a DNA test? Does it help that the child is carrying different family name? If this will be done in court, will it be done in my country where I reside or his?

I know I sound cruel asking all these questions. But my father can take away my daughters for excuses he made up and I'm not allowed to see them until I can show a salary receipt which can cover their monthly expenses, after he closed down my business. I do think people can do anything to make others suffer, or to get whatever they want.

If you know where I can find the info regarding to this matter, that would be great too (I can't afford to pay anything right now tho.


Take the advice of a lawyer – a proper legal sort of lawyer, not a barrack room lawyer.

I also find it very hard to believe that you are Indonesian Indonesian.

7:58 am
September 7, 2009


Dragonwall

Santri

posts 58

Honestly speaking WTF are you to doubt if she is Indonesian Indonesian or outer space Indonesian!

Do you think she is going to take advice from lawyers emerging from the tube…Must be joking.

Of course she needs to go to court to meet a real judge, not a barrack room judge and be represented by an attorney not from people making the journey.

I guess its about time to pack and go home.

8:26 am
September 7, 2009


Suryo Perkoso

Santri

posts 61

So why do you bother tendering an opinion? are you qualified as a lawyer?

Her english is fifty times better thans yours, leading to suspect that she may not be all Indo, could her nationality have some effect on the outcome of this? Yes, DW, it could. You may also note that having a child outside of wedlock in Indo is nothing something to be taken lightly, but two of them, to different (bule) fathers? now that is quite something, though this is her business of course. I think that there may be a little more to the story don't you?

You're right in your last sentence though, run off now, there's a good chap.

8:32 am
September 7, 2009


Suryo Perkoso

Santri

posts 61

It would seem that her english is rather better than mine too.

9:30 am
September 7, 2009


Dragonwall

Santri

posts 58

I take this as your last straw.  We I hve never made any claims that my english is better than anyone, but looking at some of your comments closely show that you are no better than mine.  You have been constantly reminded that you are SAD.

Go back to pages and see what's my profession.  Why does a person needs to speculate on others demise.  If you are incapable of doing things, then don't tell others what to do.

1:35 pm
September 7, 2009


BrotherMouzone

Santri

posts 21

J

I suspect that if you try to follow the advice from certain experts who will post here, you risk coming away more confused than ever. You have a complicated situation and I hope that you can find a lawyer in Jakarta who specializes in family law to help.

I think Wijaya and Co (http://www.wijayaco.com/)  might be such a specialist, but I suspect that their services do not come cheap. I hope things work out for you.

1:40 pm
September 7, 2009


BrotherMouzone

Santri

posts 21

The Wijaya and Co site has an article on children born out of wedlock which addresses one or two of your questions; 

http://www.wijayaco.com/index……;Itemid=46

1:59 pm
September 7, 2009


Dragonwall

Santri

posts 58

That's right as I have said if she needs help perhaps we could probably help but I guess it would be better for her to spend some money using lawyers in Jakarta. 

One thing can you relate or express what was published by the law firm? 

It says a grant to have the child legalize after an admission is admitted and after she is married then the child could be their legitimate child instead of beingfrom a single parent out of wedlock!  Can they get the biological father to admit that the child is his? Z….E…..R……O…….. ZIP ZIP ZIP  What she need is to get the the person who impregnate her to be the child's biological father.  Apart from that to seek child support.

In so doing the Indonesian lawyer will have to turn to their associates in the US becoz Indonesian lawyers doesn't know a thing about American laws.  But just imagine the cost to be more than astronomous and she won't be able to afford it.

In Indonesia alone she could be spending at least USD5,000 minimum and for using lawyers in the US the cost would run anything around 20 to 30,000 USD.

Good advice.

3:27 pm
September 7, 2009


The Righteous Dude

Santri

posts 11

On the Australian side of things, I had an experience with getting Australian citizenship for my daughter last year.  Most of the information isn't on the Australian Embassy webpage, but on the Australian citizenship page: http://www.citizenship.gov.au

It could be difficult.  If I remember correctly… when the parents aren't married 9 months before the baby is born, the Australian Embassy Consular department requires evidence (e.g. photos, letters, etc) that prove that you were in a relationship and an Australian is indeed the father. 

This would be step 2, after the birth certificate (Akte Kelahiran) and before getting an Australian passport and dual citizenship (WNA/WNI).

Good luck.  You can PM me if you need more info.

4:46 am
September 8, 2009


Dragonwall

Santri

posts 58

Right but be careful.  In a country with their own law, a person assisting another should be licensed and are professional as allowed by law to provide such assistance.

So please be discreet when doing so if you are helping on your own.

8:42 am
September 8, 2009


j

Abangan

posts 5

Hi all, thanks for taking time to response to my post,

First of all, I'm 100% Indonesian. Suryo, I have a copy of a book with my ancestor's names and family trees in it, for about 5-6 generations, I hope you wouldn't doubt my nationality. But thank you for your comment about my English, I will send part of the email to my English teacher. He jokingly doubted about my ability in English years ago when I took a course at this English school he worked at…

Second of all, I don't plan to move out to either Australia nor USA. I don't really think about the child support money. I can afford my children. I'll do my best. I just need a father's name in the birth certificate, which won't happen if I don't have a marriage paper here in Indonesia (if it's possible, I don't know how). My daughter suffers alot, some schools rejected her for that, they use some arguments (sorry iif this sounds like a judgment) I somehow know it's because she doesn't have a father's name in her birth certificate. Even some of the kids at school call her 'anak haram' or a bastard. I don't want the same thing happen to my future son.

And the reason why I considerate about getting married is because I've known this guy for a long time. We were HS sweetheart, he went to school here for a while but we still saw each other (on and off) after he went back for uni in his country. Later he got a job here and we lived together for a while. We broke up because I wasn't sure about getting married when I was only 23, I had a great career and had an ideal vision about an independent woman. Then I found out I was pregnant, but I heard he was with someone else. So… I tried to be a heroine by saving other girl's happiness blah blah blahs (I was stupid).

Like I told you, this guy is wonderful with my daughter. Even with my adopted daughter. I hope he will make a great father to my son too. But I'm so afraid, if things don't go well, he might want to take the children, and I'm afraid with our law, the one with more money will win. That's my consideration.

Same thing with the OZ guy. I don't want him to take the child's custody just because he has the money and can hire a good lawyer. I again can't afford a lawyer at the moment. I have to save up the money for my children's monthly expenses which isn't covered by my current salary (they now live under Dad's custody, if I can still afford to pay their expenses in the next 6 month then he'll give them back to me), but I got a little of savings and investments so I will definitely see my children in the next 6 months. My goal is for this never happens again (someone taking my children away from me unless they have been an adult and decide to do so on their own).

Is there a website where I can find out about US and Aussie's law about child support and parental responsibilities and rights of the out of wedlock children? I've been searching on inet but still can't find anything :(

9:27 am
September 8, 2009


Suryo Perkoso

Santri

posts 61

Post edited 2:44 am – September 8, 2009 by Patung


Dragonwall said:

I take this as your last straw.  We I hve never made any claims that my english is better than anyone, but looking at some of your comments closely show that you are no better than mine.  You have been constantly reminded that you are SAD.

Go back to pages and see what's my profession.  Why does a person needs to speculate on others demise.  If you are incapable of doing things, then don't tell others what to do.

I'm not done yet, what gave you that idea – you are hardly a lawyer, whatever you profess to be, leave the girl alone to get proper legal advice. Without degenerating into personal insults, you are incapable of providing legal advice – don't tell others what to do.

She needs to talk to a good lawyer – Wij &Co being good but expensive.

10:08 am
September 8, 2009


The Righteous Dude

Santri

posts 11

In addition to my last posting, your child will be eligible for "citizenship by descent", i.e. because one of the parents is Australian.

There is more detail about paperwork, fees, etc., here: http://www.citizenship.gov.au/…..escent.htm

11:30 am
September 8, 2009


j

Abangan

posts 5

thanks TRD, I will def PM you. Ummm… if I ever find a way how to do it.

Anyone with similar or close experience or any knowledge about this matter is welcome to share. Thanks.

@Suryo: Pak Suryo yang baik, sayang sekali sekarang ini aku gak punya budget untuk pengacara. Tapi once I do, aku mungkin akan coba pengacara yang kamu saranin. Thanks ya untuk sarannya.

11:40 am
September 8, 2009


Patung

Guest

Post edited 8:55 am – September 8, 2009 by Patung


Click the button that says "Send PM" at top of TRD's post, next to "Report". Good luck Smile

7:59 pm
October 5, 2009


n

Guest

Post edited 1:05 pm – October 5, 2009 by Patung


Hi All,

I'm Indonesian with 3 yo child (out of wedlock). her father is Australian. We live separated; he came only twice since my daughter was born. Basically I and he have no relationship. But try to keep good communication for our daughter. Problems start after his second trip to Indonesia. He start reduces monthly money ($200 aus to $100Aus). I ask him why he does that! I keep my mouth shut past this years because I want to keep good relationship between him and my child, I always put my feelings aside for his bad words to me. Until that day I asked him about the money, he was extremely upset to me and shouting and said that the money he’s been given to his child I used it for my self. ($200 Aus = Rp.1.400.000) he doesn’t know at all how life is here. Currently I work as a secretary.

I do need support from him but I feel so sick of being mentally abuse with his words to me. I need to know is there any child support here in Indonesia who will help someone like me. If he doesn’t want to give support every month at least he could pay for the school. I never intend to make troubles because his family is really nice and accepted us, but I didn’t make the baby by my self.

I don’t know what to do, if I do go to child support it means war for him, and I will feel bad to his family. But this is for my child. Please anyone could help? I really need an opinion.

Sorry for my bad English…

Thx.

8:15 pm
October 5, 2009


Patung

Guest

Post edited 1:28 pm – October 5, 2009 by Patung


Hi there n, is your daughter an australian citizen? As far as I know Indonesia is not a 'reciprocating jurisdiction' for the australian child support agency, so I don't think there is anything you can do to require your ex to pay up. I'm not a lawyer though….



 
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