Dear fellow members,
I would like to share with you a story of a foreigner who has been married in Thailand for 13 years and is facing a difficult situation. He has been sending money to his wife to buy a house, which they got after being married for 8 years. However, when he returned to Thailand late in 2019, his wife started to make up problems for non-sense reasons. He then found out that she filed a case against him accusing him of abusing her and wanting a divorce and full custody of their son, and she denies the house is marriage property, saying it's a gift from her mom.
The member hired a lawyer who found out that the wife bought the house under her mom's name for one month, then transferred it to her name to make it look like a gift from her mom. During the court process, he hasn't seen his son for two years now. The first family court judged her with full custody but no divorce, which is weird because custody cannot be judged without divorce. And because there's no divorce, there's no marriage property splitting or mention of it.
The wife wasn't satisfied with this and wants to kick the member out of the house. She filed a new case but in the civil court, which the judge there was sarcastic on her and her lawyer because they should go to family court since they are officially married, and the member is not a renting person. However, the wife didn't get enough and cut the water from the house since it's in her name, which is against Thai law.
The member has read the Thai law, which says it’s a marriage property even by default. However, he even has all the evidence to prove it, and yet the court is refusing his request to contact the water authority to reconnect the water without her permission, even though this is against the law. The court is clearly taking her side and intransigent. The member is frustrated because it's so clear in the Thai law, yet he can't see his son or have water, and he can't tell how suffering it is.
The member is asking for help and advice from anyone who has been in a similar situation. He wants to know what he can do to protect his rights and see his son. He has already hired a lawyer, but it seems like the court is not following the law. Any help or advice would be appreciated.
Thank you.