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German Law/Dad commeted bigamy in Germany

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Question
Hi
Trying to find out some info please on behalf of mum ,
Dad remarried in 1996 but never divorced mum , infact  he went and got falls and fake death certificat , in order to get his new wife to Germany ,shortly after that he stopped supporting mum and brother  he was 13 year old at the time and sister . So I have being supporting them since till early this year I lost my job , and I couldn't anymore , dad thasnt want to know , we know what he done but decided not to say anything, can she get any support from him as she is still married to him .?? Can she apply from morocco or can she go to Germany to apply there she is registered there I presum , because of the child benefit he collected for all three of us witch we never got , please advice what to do , as mum needs support from him ASAP
Thank you kindly

Answer
Hello Adam,

yes, as your mother is still married to your father, she could ask him for financial support. If he declines, she would need to sue him. (She can also that from Morocco.)
However, your father could argue that they have been separated for 16 years and that your mother never asked for support in the meantime.
Your mother will then argue that she would have asked, had she needed it. Now she needs it, and if your father doesn't want to support her, he should have gotten divorced.

It's hard to predict how such a case would end because it a lot would depend on your father's defence. The court would also consider his financial situation.

As to your second question, if your mother can go to Germany:
That is trickier. Being registered in Germany does not help at all, because she doesn't have a visa or a residence permit. She would need to apply for a visa and for that, she would need your father's invitation. Then the bigamy would come out. Also, a family reunion visa is really no option because your mother would not go to Germany to live with your father, but to take legal action against him.

I wish you and your mother all the best!

Andreas Moser
www.moser-law.com
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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