Translation of an article from Finnish
"Jan from Espoo has had a rare litigation going on for years. According to a recent decision of the Court of Appeal, he will have to pay maintenance for another man's son.
In 2016, Jani learned that she was not the father of a son she had considered her own. The child was 1.5 years old at the time.
Jan's wife had had a secret relationship. The tangle began to unravel when the tablet's shared conversation with the other man was revealed from a shared tablet computer.
MTV News has told the background of the case in this article:
Jani saw the messages secret from his wife and understood that she was not the father of her child - ordered to pay maintenance because of the blind spot in the rule of law: "It makes no sense here"
The paternity test showed that Jani is not the father of the child.
He tried to annul his paternity, but filed an action for annulment late. By law, paternity should be required within two years of the birth of a child. Jani was seven weeks late for this.
By law, the deadline can only be deviated from if there is a very compelling reason.
Paternity remained in force
Jani tried to appeal to a life situation where her mental state and ability to function were in a very bad mood. Jani felt like she was in shock because family life was instantly bottomed out. Deadlines and close-up of the calendar were not paramount in a foggy situation, he described in an interview with MTV.
On paper, Jani was left on paper to be the father of a child whose biological parent he was not actually.
In January of this year, the district court issued a decision on child support payments. Jani was ordered to pay a monthly maintenance of € 307.53 for the other man's child until the son was 18 years old.
Over the years, the amount accrued is almost 50,000 euros. According to Jan, several tens of thousands of euros have also been added to other legal costs.
Jani appealed the district court's decision to the Court of Appeal. In the higher court, however, the situation did not change. The maintenance decision remained unchanged in the decision of the Court of Appeal on Thursday.
The decision relied primarily on the child's right to receive maintenance from his or her legal parent - in this case, a man who is not, however, a biological father. According to the settlement, the situation has not been intended to infringe on Jan's rights.
The higher court thus acted in accordance with the letter of the law, but the underlying social considerations were not taken into account in the decision. Hovi never filed an action for annulment of paternity. The court only dealt with the issue of alimony.
Read also: More and more people acknowledge paternity in the clinic - the systems of the clinics slowed down the change at first
"No legal protection"
In an interview with MTV, Jani emphasized the responsibility of her ex-wife and the child's biological father and the overall assessment of the situation. In his opinion, things could have been agreed fairly and correctly so that maintenance would be paid by the child's real father.
It does not fit his understanding why the child's real parents did not take responsibility for what happened. The mother could also have applied for the annulment of paternity within the time limits if she so wished.
- I and the child have no legal protection in this situation. There is always talk of the best interests of the child, but no one actually defines what it is. At least it's not that biological parents are hiding behind the best interests of the child, Jani told MTV.
Jani has tried to fight her way out of the blind spot of the rule of law and has been in contact with MPs over the years. In his view, an amendment to the Parental Act could provide a solution.
The decision of the Court of Appeal can still be appealed to the Supreme Court.
So far, MTV News has not reached out to Jan to comment on the Court of Appeal's decision.
Read also: The man died in 1983 - the Court of Appeal ordered the tomb to be opened to establish paternity
Article in Finnish
www.mtvuutiset.fi/artikkeli/jani-joutuu-maksamaan-50-000-euroa-elatusmaksuja-lapsesta-jonka-isa-han-ei-ole-nain-hovioikeus-perusteli-paatosta/7957236?fbclid=IwAR1RqmeFpK-uivJLb4uUvd4irt2Z7n7RCq4g7mnTVF9i3kaK4EEc2GrZcn4#gs.h8w76r#men #women #equal #father #discriminationmen #discrimination #segregation #falseaccusations #domesticviolence #childsupport #equalparenting #parentalalienation #divorce #fraud #falseaccusationsrape #fatherless #childsharecustody #fahtermatter #law #brokenlaw #familylaw #court #depression, #depressionafterdivorce #Divorce #effectsofdivorce #health #masculinity #mentalhealth #suicidal #suicide #equalpay #equalwork #menrights #humanrights