Advice about wedding

[greenchair]

30 minutes ago, MaeJoMTB said:

He can't. Her permission is required, at the court, with the children present.

Read 1548 of the civil code. 

Book of family. 

He can register as the father and she doesn't need to be there. Even if the children are with her, he can register as the father. She will be notified for consent. If she does not reply it will be considered that she did not consent. Then the registrar will send the application to the court. Please read the law before comments. 

[GOLDBUGGY]

1 hour ago, greenchair said:

By the way, it might even be in your best interests to register as the father without her through the courts. 

If you can show she has had no contact for a few years, that would be in your favour. 

Then you could get a visa based on having dependant children. 

Absolutely no need to get married. 

Prooving Parenthood is probably the easiest thing for him to do. It is called "DNA" and if his matches the kids then that ends that issue. A Court Order can force this DNA Testing. 

 

What I find amusing is when people say things like: "apply to the court to issue an order depriving the mother of parental power and ask for sole guardianship." Don't you expect any court in any land to ask the question "Why?". Or do they just expect the courts to do this and take your word on this just because you said it and applied first? 

 

Many people lose contact with there kids when going through a Divorce or Separation. I did! She could simply say the husband took the kids on a vacation to France, and decided on his own not to come back. Or I agreed to this as he told me it was best for the children, but later changed my mind. He then refused to let me to talk to them or have any contact with them after that. So who looks like the Villian now? 

 

The only way he is going to be able to keep the kids is if he stays right where he is right now with them. Or if his GF / Wife gives them to him if he brings them to Thailand. Unless he has some very good reasons, keeping the kids away from the mother will not go favoriable for him, and possibly illegal after a Court Order.  

[GOLDBUGGY]

33 minutes ago, greenchair said:

Read 1548 of the civil code. 

Book of family. 

He can register as the father and she doesn't need to be there. Even if the children are with her, he can register as the father. She will be notified for consent. If she does not reply it will be considered that she did not consent. Then the registrar will send the application to the court. Please read the law before comments. 

You can't seem to see the forest through all those trees in front of you.

 

So what if he can prove he is the Father? A simple DNA Test is all that is required if the Wife disputed this. But that doesn't give him custody over the kids when the Mother is around, and this is what the whole issue here is about. It is not about who gets to call you Daddy, but who gets to keep the kids. 

 

Proving you are the Father might not be the wisest idea anyway. Bringing your kids to Thailand and losing them here is one thing. But now with proof as you being the Father the Court can now also make you pay Child Support, although I think most would anyway. 

 

The old proverb of leaving sleeping dogs lie, is a good one for this case. He has got the kids now. If he chooses to gamble this in Thailand to improve his life, he may lose that and make it worst. 

[sanemax]

1 hour ago, MaeJoMTB said:

He can't. Her permission is required, at the court, with the children present.

Registering as the Childs Father will not need the Children to be present .

Children will only need to be present if custody is being decided .

[sanemax]

6 minutes ago, GOLDBUGGY said:

Proving you are the Father might not be the wisest idea anyway. Bringing your kids to Thailand and losing them here is one thing. But now with proof as you being the Father the Court can now also make you pay Child Support, although I think most would anyway. 

 

Not if the Parents were not married .

The unmarried Father has no rights and also no financial obligations

[GOLDBUGGY]

2 minutes ago, sanemax said:

Not if the Parents were not married .

The unmarried Father has no rights and also no financial obligations

So What? 

 

If he is proven to be the Father he still has no extra rights over the Mother!

 

Why can't people see that? 

[sanemax]

2 minutes ago, GOLDBUGGY said:

So What? 

If he is proven to be the Father he still has no extra rights over the Mother!

Why can't people see that? 

I didnt say otherwise .

[Awk]

On 12/13/2017 at 11:32 AM, cat handler said:

You don’t sound too bright, if it were me I would be getting advice from a lawyer in my home country, Australia, before I asked advice from drunk expats sitting behind a keyboard. 

You may find that you can apply for primary career in the Family Court in your country and Thailand being a signatory of The Hague Convention of the rights of children will recognise those court orders and enforce them should she try anything.

 

That is a good idea, but unfortunately Thailand is not a signatory to the Hague convention that governs agreements regarding child custody and recognition of foreign court orders regarding this  (that is the Hague convention of 1996).  Thailand has only signed off on the Hague convention regarding child abduction (Hague convention of 1981), which would not help the op.  A court order from the op's country regarding this would thus not have any legal power in Thailand. 

 

[GOLDBUGGY]

1 hour ago, sanemax said:

I didnt say otherwise .

I agree! I also didn't mean to make this sound like some attack on you and I am sorry if it came across this way. 

 

All I have been saying is that so many people keep talking about proving he is the Father to obtain rights, like that is the most important here. But that is not the issue here.

 

Father or no Father he does not have the right to keep the kids in Thailand if his wife does not agree, without a Court Order. That is the issue here!

[sanemax]

Just now, GOLDBUGGY said:

 

 

 

1 hour ago, GOLDBUGGY said:

So what if he can prove he is the Father? A simple DNA Test is all that is required if the Wife disputed this.

Having read something about this , laws and things .

I did read that the Mother has to agree that the Childs Father is the Father and if she says that he is not , then he isnt and not even DNA evidence will change that

[GOLDBUGGY]

5 minutes ago, sanemax said:

 

Having read something about this , laws and things .

I did read that the Mother has to agree that the Childs Father is the Father and if she says that he is not , then he isnt and not even DNA evidence will change that

That would be wrong and logic would also tell you that. More likely the Thai Man not wanting his DNA Tested from his Pregnant GF. 

 

There have been many stories in the past of reverse proof. The Father was never listed on the Thai Birth Certificate as the Father. Now he gains Custody and wants to bring these kids to his Home Country. Home Country requires proof that these are in fact his kids. DNA is taken and the proof is provided. 

 

I don't know of any country who would not accept this as proof, so I don't know why one would think that Thailand is so much more different. If DNA in a Thai Criminal Court is accepted for murder, it certainly would be to prove who's child that is.  

[sanemax]

50 minutes ago, GOLDBUGGY said:

That would be wrong and logic would also tell you that. More likely the Thai Man not wanting his DNA Tested from his Pregnant GF. 

There have been many stories in the past of reverse proof. The Father was never listed on the Thai Birth Certificate as the Father. Now he gains Custody and wants to bring these kids to his Home Country. Home Country requires proof that these are in fact his kids. DNA is taken and the proof is provided. 

I don't know of any country who would not accept this as proof, so I don't know why one would think that Thailand is so much more different. If DNA in a Thai Criminal Court is accepted for murder, it certainly would be to prove who's child that is.  

Although those are different issues , regarding the home country etc .

What id meant was that DNA is acceptable in Thai courts for married fathers to prove that the child isnt his and therefore doesnt have to pay child support .

   But in the situation, where the parents are not married , the mothers agreement takes prevalence over any DNA tests .

   If the mother was in agreement with any proceedings, there would be no issues , but if the mother were to take the stance of *its my child and you can have nothing to do with him* , the courts would side with the mother , rather than any DNA test results

[sanemax]

1 hour ago, GOLDBUGGY said:

That would be wrong and logic would also tell you that. More likely the Thai Man not wanting his DNA Tested from his Pregnant GF. 

 

 

Just a few things I found online..................

 

In most Western countries, the Mother and Father of the child get equal rights and obligations. Under Thai Law, this isn't the case. According to section 1546 of CCCT, when a child is born and the mother is NOT married to the father, the father has no LEGAL RIGHTS over the child. Only the mother has rights (and obligations) over the child.

A person could be named on the birth certificate as the father, but his rights are NOT legalized under Thai law. Even with a DNA test, he could be the father on the birth certificate and be the biological father, but he won't be the LEGALIZED FATHER.

 

Both parents must consent that the Father is the legitimate Father and the local authorities (Amphur or Khet in Bangkok) will normally require the child to be old enough to understand and accept this situation.