Human Rights Conflicts

[Theland]

A woman is taken to court by an illegal immigrant and father of her child, following a very brief affair.
He has shown no interest in the child, nor is it wanted.
Now, to avoid deportation, he has legal representation to take the woman to court, to prove his paternity through enforced DNA testing, and then use the Human Rights laws to assert his right to family life and avoid deportation.
The hard working woman is a nurse, married with four other children and her marriage has been long reconciled, with her loving husband accepting the child as his own and treating the child the same as his other children.
The woman cannot afford a solicitor, and is refused legal aid.
Who can she turn to for help?
The child in question was her fourth child, and she also has a fifth child aged 20 months with her husband.
Three days ago, whilst three months pregnant, the woman lost her baby, and the stress of the legal proceedings are probably a contributory factor.
The enforced DNA testing is, I believe, also an infringement of the womans human rights, the right to privacy and family life.
Please help and advise. This is a heartbreaking situation.

[factor-fiction]

Would you make the same point if the father was not an illegal immigrant?

[Theland]

His motive is NOT the welfare of the child, but self preservation. He is willing to trample on this familys' right to their own privacy and family life for his own ends. So, in this case, his status is an important factor.

[naomi24]

I don't understand. He is claiming a right to a family life - that he's never wanted up until now - in order to stay in the country. She is back with her husband, so the illegal immigrant has no chance of having a family life with her, so what exactly is she trying to fight? Is he claiming custody of the child? Sorry, Theland, I'm confused.

[Theland]

By establishing his paternity, and telling the court that he WANTS to have visiting rights and general contact, he can establish a kind of family life. HIS solicitor said that the childs existence could or would prevent the deportation.

[naomi24]

I can believe that Theland. Difficult. I'm no expert, but I would presume that until he actually establishes paternity and applies for visiting rights, she has nothing to object to.

[Theland]

There are a few points to ponder. First of all, if she is taken to court, an astute lawyer can use legalese to confuse her and present a tenable case to the court.
She cannot get legal representation, and is therefore disadvantaged.
She, for example, has no experience of cross examination, or challenging lies that are presented as truth.
Also, his actions of self preservation are trampling all over the womans right to privacy and peaceful family life. Her health has already been affected, and may also be affected furhter still in the future. She is alone in the face of hostile legalism with nobody to defend her.

[sandyRoe]

The Mail would be very interested in this story. If it's true.

[Theland]

Sandy, I assure you it is true. Thank you for your post. Please ask for further details as you think of them, and I will provide all of the information that I can.
I very much appreciate any interest from anybody, with a view to helping this lady.

[Theland]

Do you think a newspaper might provide legal representation in return for the story?
The lady wants to be left alone to get on with working hard and supporting her family, but maybe a newspaper getting involved might be the lesser of two evils.

[sandyRoe]

The Telegraph has been running stories on foreigners who have used tenuous family connections to remain in the UK. They might be interested. It couldn't do any harm to contact their newsroom and see what they think.

[wolf63]

Is the child definitely the illegal guy's. I would hate for her to worry about it all if there was a chance it was her husband's biological child.

[Theland]

Thank you Sandy. May I say at this point that my motive for posting here is to try and help a vulnerable family, not to pour petrol on the contentious issue of immigration.
I feel the need to say that after considering the first reply on this thread.

[Theland]

I shall continue to monitor this thread and reply accordingly, with grateful thanks to anybody willing to discuss the issue or offer advice.
I shall check back again later.

[bednobs]

i dont think dna testing is am infringement of her human rights - as far as i can see, this man IS the child's family so it wont be infringing her rights to family life. Are you saying the husband will stop being a family with her when the dna is done?

[Theland]

The DNA testing crystalises the issue definitively, whereas now there is a comforting doubt for her husband that the child COULD be his. But, to see how this child is so loved by her "Daddy", it is criminal for the law to interfere in the affairs of this loving family.
Also, the lady and her husband do not want the litigant to be trying to gain access and visiting rights to a child that he is merely using as a pawn in his strategy to remain in this country.
All concerned should put the welfare of the child first, and remaining, unaccosted in the bosom of her family is what is best.
What is good for the litigant is not good for the child and her family.
It would appear that the litigant has access to considerable funding for legal representation, or qualifies for legal aid, whereas the lady in question is a nurse, her husband is unemployed having been made redundant, and justice is denied them due to their lack of wealth.

[naomi24]

Perhaps, bearing in mind this lady has no access to legal advice, contacting a newspaper would be a good idea - as would ignoring the first post here.

[Theland]

After a bit of, "Googling," I have found a site called, "Talk To The Press," that may buy the ladies story, and therefore pay the legal bills.
However, there is a moral dilemma, as the lady would in no way profiteer from a wrangle over her beloved child. This could, I fear, make her feel that she has sunk to the depths of the litigant, in using the child as a pawn.

[Philtaz]

Far too complicated an issue to discuss on here really.
If the lady in question cannot afford legal advice and has been refused legal aid she'd do well to make an appointment at the nearest Citizens Advice Bureau at her earliest opportunity.

[bednobs]

how old is the child? You use very emotive language in your post "hard working nurse" "unaccosted in the bosom of her family" etc, but of course, this is just yours and hers point of view. playing devil's advocate; You don't know for sure what is best for the child - perhaps knowing her dad IS best for her? and less likely to muck her up emotionally in the future rather than finding out at a later date that her family kept her from a relationship with her real dad? perhaps having a modicum of doubt over parentage is comforting for the husband, but will it be comforting to her in the future, not knowing? Also, this is obv someone close to you but don't forget, she chose to have a child with this man, it's not something that just happened! Ok so she clearly regrets it now, but she will be forever tied to him, no matter what country he is in. Perhaps the dad really has thought "i've been a crap dad, but i want to try making up for it now"
again, let me state i am playing devils advocate

[themas]

I'm glad bednobs ended by saying he's playing devil's advocate. You just need to think - no contact or interest at all until he is apparently threatened with deportation so sees a solicitor & the child miraculously becomes of interest. Perhaps I'm too cynical but I cannot see anything here other than opportunism.

It is sometimes possible to get legal representation on a pro bono basis. CAB or the Law Society may be able to advise on this, & I'd suggest approaching either or both of them. However, has she definitely had it confirmed she can't get legal aid? If not, that must be her first approach. She is likely to need a family law solicitor & maybe an immigration one as well, depending on how the case goes. It can easily become far too complex for her to deal with effectively without any kind of legal help.