Medium After the divorce, the wife gave birth to a child. Some places accept the birth certificate listing the ex-husband as the child's father, while others refuse… The law stipulates that a child born within 300 days from the date the court's judgment or decision granting the divorce takes legal effect is automatically considered the common child of the couple. But in reality, the committee and the court disagreed on how to determine this, leaving people unsure of what to do. The court accepted it, the committee said no. baseline; background-image: initial; background-position: initial; background-size: initial; background-repeat: initial; background-attachment: initial; background-origin: initial; background-clip: initial; color: #000000; font-family: Arial, Helvetica, sans-serif; text-align: justify;">In May 2008, Ms. V. filed a divorce petition with the Tuyen Hoa District People's Court (Quang Binh province) against her husband, Mr. H. After several unsuccessful attempts at reconciliation, the court held a hearing and granted Ms. V.'s request. This judgment took effect on September 21, 2008. About six months later, on February 5, 2009, Ms. V. gave birth to a baby boy. When she went to the commune People's Committee to register the birth, a problem arose because the commune committee refused to include Mr. H.'s name as the child's father on the birth certificate. According to the committee, Ms. V. gave birth after divorcing Mr. H., so there is no basis to determine that he is the child's father. If she wants to have Mr. H.'s name recorded as the father on the child's birth certificate, Ms. V. must submit to the committee a court judgment or decision determining Mr. H. as the child's father. Only then will the committee have a basis to record Mr. H.'s name on the birth certificate...
Ms. V. went to court again to submit the application. However, the court shook its head and refused her request, stating it lacked jurisdiction. The court explained that in this case, the civil registry office must register the birth and list her ex-husband as the child's father. Because according to the law, if the baby is born within 300 days of the court's divorce decree, then the baby is automatically the child of her ex-husband.
At this point, she doesn't know how to register the birth so that the child is automatically hers with her ex-husband as stipulated by law.
The committee said yes, the court shook its head
Ms. L. divorced Mr. T. in May 2007. Six months later, on November 15th, Ms. L. gave birth to another baby girl. When registering the birth, she listed Mr. T. as the father. Later, due to difficult circumstances and finding her ex-husband's child support payments inadequate, Ms. L. requested Mr. T. to increase his child support contributions for their first son. She also requested additional contributions for their daughter. However, Mr. T. refused.
In October 2009, Ms. L. filed a petition with the Quang Trach District People's Court (Quang Binh province) requesting Mr. T. to provide child support for their daughter. Upon reviewing the case, the court found that Ms. L. gave birth to her daughter after the divorce. Therefore, to have grounds to compel Mr. T. to provide child support, Ms. L. had to first file a petition requesting the court to determine Mr. T. as the child's father. Only then would she have the right to sue to resolve the issue of compelling Mr. T. to contribute to child support...
Suffering for the people
In the second case, if Mr. T. does not acknowledge the second child as his, he must be the one to file a petition with the court requesting the court to determine paternity and has the obligation to provide proof of his claim, not Ms. L. However, in practice, many courts still require the parties to go through the procedure of court-confirmed paternity in cases where the child is naturally the common child before resolving other requests.
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Determining the father and mother 1. A child born during the marriage or conceived by the wife during that period is the common child of the husband and wife. Children born before the date of marriage registration and recognized by their parents are also the common children of the couple. 2. In cases where the father or mother does not acknowledge the child, there must be evidence and it must be determined by the court. The determination of parentage for a child born using scientific methods is regulated by the Government. Article 63 of the Law on Marriage and Family Understanding the opposite is incorrect It is not necessary to request paternity determination in the second case as the court requested Ms. L. Because the child's birth certificate already serves as evidence, a fact that does not need to be proven according to the provisions of the Civil Procedure Code. Since the birth certificate already confirms Mr. H. as the father of the girl, there is no need to force Ms. L. to request paternity determination before claiming child support. The law has stipulated it specifically, yet the committee and the court keep applying it in a way that leads to contradictory interpretations, passing the buck and making things difficult for the people.
Need guidance on going missing Besides determining paternity, there are currently many cases where the wife In marital conflicts, one spouse leaves and disappears. After a long period of waiting, the other spouse requests a divorce. In these divorce cases, the parent with custody of the children often requests that the estranged parent return and provide child support, or that the estranged parent's joint assets be deducted to fulfill the child support obligation from the time of their departure. Some courts accept the request to order child support from the time the estranged parent ceased providing care. Other courts only accept the request to order the parent without direct custody to provide child support from the time the divorce decree takes effect. Therefore, guidelines are necessary for consistent application when resolving cases. A judge of the Civil Court of the People's Court of Ho Chi Minh City |