Get warned at the border crossing for child overstay "Next time overstay, you will pay the fine"

[Danielsiam]

Hello, I used the foreign passport of my thai-EU kid, as I am not with her mother, and don't contact her anymore, so I using the EU passport of my kid, to avoid troubles during exiting Thailand.

 

I went to the land border crossing for make a visa-run exempt entries, and my kid had a few months overstay, I was sended to the office of overstay at the border crossing, and the Immigration Officer, looked mad at me, and told me " Next time overstay, you will pay the fine, you understand! "

 

So, it's a little kid, I am worried to get anymore this land crossing, and will avoid if I am my kid is in overstay. Can the IO, at his discretion make me pay a fine, or make me in troubles.. he was like he's so sure of him. I know I did a mistake that my child is in overstay..

[anon789561]

poipet?

[Danielsiam]

Nong Khai FB

[Maestro]

53 minutes ago, Danielsiam said:

Hello, I used the foreign passport of my thai-EU kid, as I am not with her mother, and don't contact her anymore, so I using the EU passport of my kid, to avoid troubles during exiting Thailand.

 

I went to the land border crossing for make a visa-run exempt entries, and my kid had a few months overstay, I was sended to the office of overstay at the border crossing, and the Immigration Officer, looked mad at me, and told me " Next time overstay, you will pay the fine, you understand! "

 

So, it's a little kid, I am worried to get anymore this land crossing, and will avoid if I am my kid is in overstay. Can the IO, at his discretion make me pay a fine, or make me in troubles.. he was like he's so sure of him. I know I did a mistake that my child is in overstay..

 

The immigration officer cannot give the child or you a fine for the child's overstay, but he can give you trouble if he wants, for example

1. deny you and your child entry into Thailand on your next arrival on the pretext that you are working illegally in Thailand (section 12(3) of the Immigration Act), or
2. report the case to your local immigration office with the recommendation that you should be accused and prosecuted for neglecting your child (section 74 of the Criminal Code)

 

Point 1 above would be the more likely action.

[Danielsiam]

Oh I see, it's scary, if I do the extension of stay as Thai national ( I've only the birth certificate copy ) possible to extend as Thai national ?

 

if ever, get extended, I do need the 90 days report of the kid, right ? if I don't do, I'll be fined at the border ?

 

 

[Maestro]

If the child qualifies for an extension of stay, for example under clause 2.11(4) of Police Order 327/2557 (2014) and Immigration Bureau order 138/2557 (2014), it is at the discretion of the immigration official what documents he will accept as evidence that the child is indeed your child and lives with you in the same household. 

 

If the child gets an extension and stays in Thailand longer than 90 days you will have to submit the notification of staying in the Kingdom longer than 90 days. If you fail to do so, you will not be fined at the border but if your local immigration office wants, it can take you to court under section 74 of the Criminal Code for neglection of the child.

[Danielsiam]

3 minutes ago, Maestro said:

If the child qualifies for an extension of stay, for example under clause 2.11(4) of Police Order 327/2557 (2014) and Immigration Bureau order 138/2557 (2014), it is at the discretion of the immigration official what documents he will accept as evidence that the child is indeed your child and lives with you in the same household. 

 

If the child gets an extension and stays in Thailand longer than 90 days you will have to submit the notification of staying in the Kingdom longer than 90 days. If you fail to do so, you will not be fined at the border but if your local immigration office wants, it can take you to court under section 74 of the Criminal Code for neglection of the child.

I never done any 90-days report in my life, I am just scared about the hassle thing like the TM30 form, etc.. or just need only give a adress ?

 

For info : We're staying almost only hotel in BKK area, with my partner and kid. 

[Maestro]

I'd like to add one more option to those listed in my post #4 above as a reason for which a border immigration official could cause you and your child trouble on an attempted visa-exempt run:

 

3. deny you and your child entry because you have no written consent of the child's mother to travel with the child abroad.

[Danielsiam]

if ever I take the choice to use her Thai passport.

 

I can have two potiental problem right ?

 

1. Being denied to leave the kid of Thailand, because I don't have the right documentation from the mother ( court, etc.. ) ?

2. If I lose the Thai passport of my kid, during her stay in Thailand, it will be impossible for me to process a new passport for her, without her mother at the passport office ?

 

The mother gave me a written conscent that I can leave with my kid out of Thailand, which is dated from a year ago, and she already deleted me on LINE etc. I don't have contact with her anymore.. she found someone new.. I don't know know even where she stay..

so it can be very problematic. ( by the way on my EU country law, I've also the custody, as the kid born at unmarried couple, but in Thailand that law doesn't apply at all )

 

I just hope, I'll never have problem to leave my kid out of Thailand, with her EU passport ?!

 

 

[Maestro]

If you are currently staying in Thailand longer than 90 days, the first time you have business at an immigration office you will be fined for your failure to submit the form TM.47

 

Regarding the TM.30, every to you check in at a hotel this notification is made by the hotel. You need not do it yourself.

[Danielsiam]

1 minute ago, Maestro said:

If you are currently staying in Thailand longer than 90 days, the first time you have business at an immigration office you will be fined for your failure to submit the form TM.47

 

Regarding the TM.30, every to you check in at a hotel this notification is made by the hotel. You need not do it yourself.

 

Ok, but when I check-in hotel, they just use my passport, never the one of my kid

[BritTim]

1 hour ago, Danielsiam said:

Ok, but when I check-in hotel, they just use my passport, never the one of my kid

The hotel is supposed to keep a register of all guests (even children) who stay in the hotel overnight, and to submit TM30 notifications where appropriate. If they fail to do so, that is not your problem.

[12DrinkMore]

12 hours ago, Maestro said:

I'd like to add one more option to those listed in my post #4 above as a reason for which a border immigration official could cause you and your child trouble on an attempted visa-exempt run:

 

3. deny you and your child entry because you have no written consent of the child's mother to travel with the child abroad.

 

I doubt if that applies when the kid is travelling on an EU passport, only when using the Thai passport. TIT.

 

[Autonuaq]

You have the thai id of the mother.

You have court order also with the id

 

Immigration is glad to help you to make all work out.

 

Police is glad to help you out and make all work out.

 

The way you do makes it for them difficult to work things out.

 

You take care and have child with you.

You even can apply for visa non-o take care of thai child

[edwardflory]

I would do all things possible to get the child THAI IDENTIFICATION ...NOW...,  in the FUTURE, many problems will be solved in ADVANCE by taking the steps NOW!

 

TM-30 is a beast, it has been reported here, some 'reporting' offices do not require, other offices will fine YOU if not filed.

 

Learn ALL published regulations, laws and etc, then follow to the letter.

[Deserted]

Isn't the obvious answer to make sure you don't go into overstay again?

 

What did your child think to the ordeal? Looking forward to it again are they? 

[Suradit69]

16 hours ago, Danielsiam said:

I went to the land border crossing for make a visa-run exempt entries

 

14 hours ago, Danielsiam said:

For info : We're staying almost only hotel in BKK area, with my partner and kid.

I admit I'm having some difficulty following all this, but if the O/P is staying here on visa exempt entries (or even visa entries with less than 90 day permissions), he shouldn't need to do 90 day reports (and if he's getting visa exempts at land borders, he'd only be able to do that twice in a year).

 

If he is just doing out and in border crossings, couldn't his "partner" come to the border and keep the child on the Thai side while he crosses over and back... and sort out the issues with the child at immigrations rather than at a border.

 

I'm assuming his references to problems with "overstay" only apply to the child??

 

16 hours ago, Danielsiam said:

my kid had a few months overstay,

 

[Mattd]

There are two options.

 

1. As mentioned, do not let the child overstay, find a better visa solution.

2. Obtain legal custody of the child within Thailand.

 

Number 2 could be problematic if you were not married to her Mother or legitimised your daughter at a court or Amphur office whilst you were together with her Mother, in any case, all of them would require contact with her Mother.

There must be a way you can find out where she is, it might be worth finding out.

 

In answer to another poster, if the Thai authorities had grounds to believe that the child has been abducted, then for sure they could refuse entry or exit, regardless of passport, which is why it is even more important that the OP resolves this, as if the child's Mother decided at some point in the future to claim her daughter back, the OP would not have a leg to stand on.

[Mattd]

14 minutes ago, Suradit69 said:

If he is just doing out and in border crossings, couldn't his "partner" come to the border and keep the child on the Thai side while he crosses over and back.

Understand the reasoning, although the single biggest potential issue with this is IF (admit it is a big if) immigration refused him entry back in to Thailand, then it really would be a cluster &*($

[Suradit69]

1 minute ago, Mattd said:

Understand the reasoning, although the single biggest potential issue with this is IF (admit it is a big if) immigration refused him entry back in to Thailand, then it really would be a cluster &*($

Agree, but if he and the child left the country and couldn't return that would be nearly as bad.

[chickenrunCM]

22 hours ago, Maestro said:

I'd like to add one more option to those listed in my post #4 above as a reason for which a border immigration official could cause you and your child trouble on an attempted visa-exempt run:

 

3. deny you and your child entry because you have no written consent of the child's mother to travel with the child abroad.

what the hell you are writing, nobody needs this! there are 100.000 and more single parents traveling to Thailand or Millions in the whole world, and they do not have to show any paper from the other partner. 

Whats if the other partner dead? you have to bring the death certificate with you (in your opinion for sure verified)

I am divorced when my kids been about 2 years ol now 16 and 17 and never ever in any country in the world I had to show any papaer or even was ask about the mother.

In this case the child is Thai/farang and I guess it is also seen how he looks like, the officer i want to see who denies a little child entry to his mother country.

Overstay fine can be fined only the person who does the overstay, and as the child is under 15 years, by thai law you can´t fine him. And to fine a thai citizen for overstay is the next story, no court or IMigration will start with this, because there is no chance to win for the officers.

 

 

[chickenrunCM]

22 hours ago, Danielsiam said:

if ever I take the choice to use her Thai passport.

 

I can have two potiental problem right ?

 

1. Being denied to leave the kid of Thailand, because I don't have the right documentation from the mother ( court, etc.. ) ?

2. If I lose the Thai passport of my kid, during her stay in Thailand, it will be impossible for me to process a new passport for her, without her mother at the passport office ?

 

The mother gave me a written conscent that I can leave with my kid out of Thailand, which is dated from a year ago, and she already deleted me on LINE etc. I don't have contact with her anymore.. she found someone new.. I don't know know even where she stay..

so it can be very problematic. ( by the way on my EU country law, I've also the custody, as the kid born at unmarried couple, but in Thailand that law doesn't apply at all )

 

I just hope, I'll never have problem to leave my kid out of Thailand, with her EU passport ?!

 

 

As your kid has a EU passport, you can leave anytime with your child Thailand.

You don´t have to pay any fine for your child for overstay. Overstay fine can´t by collected by Thai law, if the child is younger than 15 years! The fine has to be payed only by the person who does the overstay.

As a thai citizen you can be on an overstay!

The same as an an EU citizen with 2 nationality for example Thai/ german you can´t be on an overstay in the EU, it doesn´t matter what passport you use to enter the EU!

So may people here thinks to know anything about thai law and their posts are only waste of time.

 

 

[jimster]

I don't want to derail this topic or anything, but does Thai immigration really care (or even notice) if you are traveling alone with your child, without the other parent? Especially at a land border? Or even at airport immigration using the e-passport channel where everyone goes through individually?

 

I must have seen locals take their children through land border crossings without the other parent present countless numbers of times and no one bats an eyelid. Cambodian mothers carrying one or two children, Thai mothers or fathers without the other parent or guardian present. Maybe a child goes to school on the other side of the border, the father is working so the mother picks up the child(ren) and crosses the border. Happens everyday, case closed.

 

Anyway, get a Thai ID card and passport for the child.