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Posted

we live in the uk, our child was born here and only has a UK passport. Im british, my wife is thai. My concerns are if we were to split up my wife would try to take our child to thailand permanently without my consent. My child does not have dual nationality so i guess it would be classed as illegal? If it were to happen what would be my rights to get my child back to the UK. 

Posted

Your child does have dual nationality, and they had it from the day they were born.

 

Fortunately, the Thai passport office (including applications through the Thai embassy in London) require both parents to be present in person to apply for their child's Thai passport.

 

This means it is unlikely your child will get a Thai passport without your consent.

 

As stated previously, keep the UK passport in a secure place. Without it your wife will have problems. If you applied for your child's UK passport, and your wife reports the passport lost, then she will have to include a signed letter from you where you expressly give your consent for a new passport to be issued.

 

Of course the easiest option is to persuade you to go on holiday to Thailand and then she disappears with the child.

Posted

sounds stupid, but if my child travels into thailand on a UK passport dosent she just have a 30 day visa like anyone else ? or does this not apply if she has dual nationality.

Posted
57 minutes ago, marty175 said:

sounds stupid, but if my child travels into thailand on a UK passport dosent she just have a 30 day visa like anyone else ? or does this not apply if she has dual nationality.

 

You are correct. Your child will have a 30 day visa exempt entry (unless you apply for a tourist visa for them).

 

However, if your child is taken to a Thai immigration office, they will be able to get a 1 year extension of stay on the basis of being Thai. Such extensions can be granted time after time with no limit.

 

Your may need a Thai birth certificate to do this (ask the experts in the Visa forum).

 

I'm believe your wife can get a birth certificate without you needing to be present. I'm not 100 per cent on that however.

Posted
7 hours ago, Deserted said:

If you are concerned, can't you address them in such a manner that your wife is much less likely to do it. 

exactly what i am doing but just exploring all options!

Posted

I believe the only rights you would have to get your child back would be those rights you could enforce under what is
called the Hague convention regarding child abduction.

This would involve you contacting the British authorities documenting to them that the child was domiciled in the UK until mother without permission took them to Thailand and is now refusing to return them home (the place they were domiciled). The British authorities would then contact the Thai authorities, requesting the Thai authorities do what is necessary to return the children. The Thai authorities would then be required to make sure the children are returned, if the Thai authorities can find the mother and child, and if the mother does not successfully fight the request in the Thai courts. I'm not sure how much effort the Thai authorities would put into tracking down the mother and child, and then returning the child by force.

Sounds complicated and risky, does it not? As the first reply indicated: keep your child's passport safe and do whatever you need to do to prevent the child from leaving the UK.

  • 3 weeks later...
Posted
we live in the uk, our child was born here and only has a UK passport. Im british, my wife is thai. My concerns are if we were to split up my wife would try to take our child to thailand permanently without my consent. My child does not have dual nationality so i guess it would be classed as illegal? If it were to happen what would be my rights to get my child back to the UK. 

 

I know of a couple of cases where the European man got the kid a passport and simply abducted the child and went back to the EU leaving the wife behind in Thailand. The math behind it is that if the case ever went to a court in the EU they would side with the parent that is more stable, and in the mind of holier than thou Europeans more stable means having more money.

 

 

 

  • 2 weeks later...

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