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Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby PNGMK » Tue, 10 May 2016 4:21 pm

the lynx wrote:Hold on, if the child is born out of wedlock and OP is not registered as the father, can his ex still sue for child support in Singapore family court?

But yes, to be human is to support its offspring, regardless of borders and laws.


The writ of summons may need to include establishing paternity and I suspect the mother would have some evidence to help back up this claim (SMS, emails, pics etc). I don't think OP mentioned if his name is on birth cert but it really doesn't matter if the mother is determined.
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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby the lynx » Tue, 10 May 2016 4:27 pm

PNGMK wrote:
the lynx wrote:Hold on, if the child is born out of wedlock and OP is not registered as the father, can his ex still sue for child support in Singapore family court?

But yes, to be human is to support its offspring, regardless of borders and laws.


The writ of summons may need to include establishing paternity and I suspect the mother would have some evidence to help back up this claim (SMS, emails, pics etc). I don't think OP mentioned if his name is on birth cert but it really doesn't matter if the mother is determined.


Got it. I totally forgot the paternity part. If it is positive, then OP is done for.

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby x9200 » Tue, 10 May 2016 5:05 pm

the lynx wrote:Hold on, if the child is born out of wedlock and OP is not registered as the father, can his ex still sue for child support in Singapore family court?

Why not? It's not about the Singapore citizenship, its about the maintenance from the biological father. What matters is (a) if his domicile is Singapore, (b) whether the case is valid under SG law.
I am pretty sure the court can order paternity tests if he gets even more funny. Besides, he didn't say the child was out of the wedlock.

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby Rox Everest » Tue, 10 May 2016 5:19 pm

The Lynx - Your point is spot-on - "if the child is born out of wedlock and OP is not registered as the father, can his ex still sue for child support in Singapore family court?". This is exactly the case. The child is born out of wedlock and I am not registered as the father.

PNGMK - Is that argument still valid?

Having said that, like it has been shared on this forum, I am helping in my own way to the best of my ability. But the woman seems to have gotten a bit more ambitious of late.

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby x9200 » Tue, 10 May 2016 5:25 pm

PNGMK wrote:
Rox Everest wrote:BBCWatcher - thank you. I referred to that site. However, the point I am unable to see is the jurisdiction of claim - "under Singapore law you're legally responsible for your child's maintenance until he/she reaches age 21" - is that for Singaporean or a PR? I am a PR here and the mother is Philipina, living in The Philippines.


You should settle quickly on a reasonable deal in the PI. If your ex succeeds in winning a support order in Singapore it will be much more, I'd estimate 10% of your income.

There does not appear to be a reciprocal agreement between the PI and Singapore for child support. It appears your ex's best chance would be to sue for child support in the Singapore family court. That is not particularly difficult for her to do and there may be lawyers in Singapore who would do it on a cost basis (i.e. you will pay the costs when she wins). You may want to think this through - the Singapore courts seem to have taken a very dim view recently of father's who attempt to escape or minimize their support obligations. A friend who earns $13,000 was recently levied a judgement of $2000 each per child; he is British and the mother is Indian. Nationality doesn't matter; jurisdiction does. Settle. That's the best. There is no win-win in this situation.

Primarily not the jurisdiction but the actual maintenance costs and status/capability of the parents, as seen by the court. In that sense the OP should be happy that his ex decided to go back to the Philippines where the maintenance costs are lower.
What is or may be taken into account are not only how much the father earns but what he should be able to earn with his education background and experience. In other words becoming jobless all the sudden will not save ones ass.

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby Rox Everest » Tue, 10 May 2016 5:38 pm

Thank you everyone. Bottom line -

Even though the child is born out of wedlock, a case can be filed in Singapore against the father and Singapore courts will honor the case, as long as the father has domicile in Singapore.

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby sundaymorningstaple » Tue, 10 May 2016 6:02 pm

Or, if the father should try to change his domicile, then wherever he happens to be domiciled the case can be heard. Spending one's life on the run isn't all it's cracked up to be.

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby BBCWatcher » Tue, 10 May 2016 6:15 pm

the lynx wrote:Hold on, if the child is born out of wedlock and OP is not registered as the father, can his ex still sue for child support in Singapore family court?

We don't know whether Rox is registered as the father or not. However, the family court can order a paternity test if necessary.

By the way, an amicable agreement might also include documenting any citizenship that the father passed to the child, if applicable. That would help protect the child's interests in many ways, including the possibility that the custodial mother becomes unable to care for the child due to death or incapacity.

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby BBCWatcher » Tue, 10 May 2016 6:21 pm

sundaymorningstaple wrote:Spending one's life on the run isn't all it's cracked up to be.

That usually doesn't work very well at all. A growing number of countries are immediately revoking and refusing to renew passports if you have an outstanding, unpaid child support obligation.

Welcome to fatherhood, Rox. And all that means.

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby Rox Everest » Tue, 10 May 2016 6:26 pm

So, coming to an agreement - how does that work? You need to have some kind of a legal document? Who does it for you? Once that is signed off with the payouts, is it a final document or the mother can challenge it with an after-thought?

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby PNGMK » Tue, 10 May 2016 7:32 pm

Rox Everest wrote:So, coming to an agreement - how does that work? You need to have some kind of a legal document? Who does it for you? Once that is signed off with the payouts, is it a final document or the mother can challenge it with an after-thought?


Use a lawyer. In Singapore the document is called a "Consent Order" (if ratified by court) or perhaps if just signed by both a 'Consent Agreement'. This means both parties consent to the terms. It usually cannnot easily be changed without consent of the other party and/or a court order. It's pretty solid. I would probably be inclined to use a PI lawyer myself and have it witnessed by a notary if it's just an agreement as a PI lawyer should be cheaper however if you are more comfortable use a Singapore one but make sure as others have pointed out that the payments are factored around the mother residing in the PI and the cost basis is around PI cost of living. The best protection is to have a court confirm the order but I think at this point there is no need however it is the ultimate protection. I have a child support order that's 15 years old and the other party has never challenged or changed it. They can last if set up reasonably.
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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby PNGMK » Tue, 10 May 2016 7:38 pm

Rox Everest wrote:Thank you everyone. Bottom line -

Even though the child is born out of wedlock, a case can be filed in Singapore against the father and Singapore courts will honor the case, as long as the father has domicile in Singapore.


Yes and yes. The days of father's absconding because they were not married disappeared in the 60's with the women's charter. For awhile a few deadbeats got away with disavowing paternity but since the last decade DNA has made that nigh on impossible.

Count yourself lucky you're not an Australian. PI girls have caught on that the Child Support Agency and Australian High Commission in Manila will support child support payments from Australia to single PI mothers of Australian fathered children. It's not unheard of for an Aussie to be seduced repeatedly, have the woman disappear only to show up pregnant at the Manilla Aust High Comm with a photo on her smart phone of his passport/credit card/business card and claim "this Australian man is the father". The AHC is OBLIGED by law to contact CSA who contact the man back in Australia, force a paternity claim on him via court order and then if proven he is the father levy child support via wage garnishment at 17% of his pre tax income which is remitted directly to the mother in the PI.... they live like queens!!!! Imagine explaining that to the dragon Sheila back home in Perth.
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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby Rox Everest » Wed, 11 May 2016 9:21 am

Pardon my ignorance, but what's "OP" here?

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Re: Can a foreigner sue a Singaporean or PR for illegitimate child born in another country?

Postby PNGMK » Wed, 11 May 2016 9:42 am

OP - Original Poster.
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