Dear Mr. E.A,
You have not followed my instruction and you have not supplied me with the requested info and documents and therefore I am not able to prepare your case properly and timely for the court processing!
Instead, I will give you a full and comprehensive legal overview of the case:
In most Procedural, so called Litigation laws around the world, in order to commence the litigation, some legal preferences have to be fulfilled. If not, the case will be rejected due to the formal suppositions and the court would not litigate the case on merit law and would not start the sessions and investigate the facts, evidences. Of course, the Party in charge can appeal that court rejection, but if not supported with the prescribed formal evidences, the appeal will also be dismissed.
Furthermore, it would not be a burden for the next commencement of the process if it is within the legal time frame given for each particular case. But, if the deadline for the commencement of the process expires while the Party is in the process of appealing the court decision, latter on the Party would not have a right to start the new process.
The opposite scenery: If there would have been enough the time to initially start the case before the court, upon which the rejection from the court could followed /based on no fulfillment of procedural formal suppositions/, there would be enough time for the second court filing within the legal time frame. In your case we would not have the second chance if the case was initially rejected due to the no fulfillment of formal legal suppositions.
How the above is related to your case! I will explain that to you:
According to the Family law of Serbia - paragraph 251- Father can file the claim for recognition of fatherhood during the time frame of one year/ within the time frame of 10 years of child birth/ when he realizes that Mother is not agree with his recognition of fatherhood.
How to determine the time of one year ?
This time is counting from the date when Father officially initiates the process for recognition, giving a statement before the registered office in Municipality in charge.
According to your letters and documents sent to me, you initiated process of giving a statement of recognition of fatherhood before the Municipality Stari grad in Belgrade, but is not clear whether Ms. A.M / mother of the child/ did not answer the call to appear before the registered office or the registered office could not even start the process of your recognition of fatherhood because they could not provide translation in French language - letter from that office, dated on April 07, 2010 states explicitly that. So, it is not clear whether the process before the registered office in Stari grad even started or not- I do not have any evidence in support of this. The only evidence provided to me is the letter from the registered office stating that they could not provide translator and that is all. Nothing further elaborates the evidences and facts.
When we have situation like this- with no clear evidence of the process before the registered office in charge, the basic suppositions for court filing are not fulfilled and litigation can not start. And if the court claim is submitted it will be rejected, because is not supported with the clear evidence with regard of the previous action before the registered office.
The other very important procedural suppositions:
According to the Serbian law on Litigation procedures, the Plaintiff's claim has to be very clear and precise.
Plaintiff has to provide exact names and addresses for Defendant, for Witnesses, to provide clear evidence about the situation/ dates, circumstances- in your situation: air tickets, hotel bills, apartment's lease agreements, name and addresses of Witnesses etc/. The Defendant and the Court are not providing any evidence at the initial stage of the process- court filing/.
In spite of my effort to get the above evidences from you I have not.
You have provided me on April 06, 2011 with:
The documents that I have received from you:
1. Authorization letter in French language;
2. Your Birth Certificate;
3. Child medical exam from the hospital in Belgrade" from November 24,2006/copy/;
4. Letter signed from Attorney at law Mr. F. Z, sent to Ms. A.M/copy/;
5. Your passport copy;
5. Child’s birth certificate /copy/;
6. Statutory documents of your company / copies/;
The very important evidences which prove the relationship/ when and where you have lived together , in Serbia and in your country/ between you and Ms. A. M especially during the time of her pregnancy I have not received. For Court filing we have to have a strong proof that you have been together in a period when she become pregnant. These evidences must come from a Plaintiff/ you/ not from the Defendant side. The other evidences (rental agreements of the apartments, hotel bills, travel tickets etc) also had to be provided by you, not from Ms. A.M and not from the court. The names and precise addresses of witnesses also had to be provided by you.
These evidences are very important in order to initiate the court proceedings. These evidences are determining which Law will be implemented/ Serbian or Law of your country/ in which situation and which court will process the claim.
You sent to me/ via e-mail/the information about the people who can be witnesses at the court. You gave to me names and telephone numbers of the witnesses. I called the given numbers. Some numbers were not correct and on the others nobody answered. I have managed to speak to the Attorney Mr. Z. F who helped you with writing the letter to Ms. A.M last year. On my question, whether Mr. Z. F wants to be a witness in this case, he has been explicit that he had not done much for you and that he did not know and still does not know the situation and development of relationship between you and Ms. A.M and therefore he would not be unable to witness anything with that regard.
The other person that I have talked about the issue - the ex driver of your Embassy -Mr. D. N. He said that he could witness some situations between you and Ms. A.M in a period 2005-2006.
The next person that I have talked about the case – Ms. G.G, a friend of Ms. A.M. She was explicit that she is a friend of Ms. A.M and that she is not willing to be a witness.
If you want to recognize your Fatherhood you can do that through the last will / testament/ or in accordance to the Family law OF YOUR COUNTRY as it could be implemented to this case in accordance to the paragraph 41 of the Serbian Act that regulates the interference of foreign law regulations " - Za priznavanje, utvrđivanje ili osporavanje očinstva, odnosno materinstva merodavno je pravo države čiji je državljanin u vreme rođenja deteta bilo lice čije se očinstvo, odnosno materinstvo priznaje, utvrđuje ili osporava". / original quotation of that paragraph/
This is my respectful submission and legal overview of the present situation. I wanted to help you with this case, but unfortunately, I did not receive all necessary documents in order to initiate the court claim in a proper way, as I have explained here above.
There is also another solution: According to the paragraph 251 of the Serbian Family law, your child can initiate the process of recognition of fatherhood and there is no deadline for this action.