Father And Thai Child

[LivinLOS]

Trying to find out what the score is for my mate..

Hes British, has had a child here in Thailand. His name is on the childs birth certificate as the father.

The mother is best described as unsuitable, he has taken full defacto custody (not 100% agreed by both parties I am guessing) and is the child rearer and carer, but another father was saying to me that there is a lot of paperwork to go to be the full legal guardian or custody, simply being the parent is not enough.

He is considering a return to the UK.

What is his situation with gaining citizenship for his son ?? What are his options or processes he must undertake and are they expensive ??

[vinny]

See also Consular Birth Registration (Note on British Nationality).

[Boo]

UK citizenship for the child shouldn't be an issue, as the name of the father is on the birth cert he should contact the British Embassy & get his child a british passport. There is no longer a requirement for the parents to be married anymore (anyone can confirm that?)

The issue is custody, if he takes the child back to the UK without the mothers permission he wil be in big trouble. Suggest he contacts a lawyer & family court to gain full custody rights over the child.

[vinny]

There is no longer a requirement for the parents to be married anymore (anyone can confirm that?)

If his child is illegitimate then his child's UK citizenship is automatic if the father is British 'otherwise than by descent' and the child is born on or after 1 July 2006.

Edited January 22, 2007 by vinny

[LivinLOS]

hmm.. The mothers permission..

Yaba smoking nutjob who has sent gun carrying people round to threaten him.. Not exactly an amicable separation..

[Boo]

I would then suggest getting all the papers written up at a lawyers, then go round with a big wad of cash & a couple of body guards. Cash in exchange for signing over custody of child. Not nice but sound like it may be a go if she is a junkie.

Once done,get on the first plane outta doge & head for home (UK). best advice, family lawyer.

[GU22]

There is no longer a requirement for the parents to be married anymore (anyone can confirm that?)

If his child is illegitimate then his child's UK citizenship is automatic if the father is British 'otherwise than by descent' and the child is born on or after 1 July 2006.

If born before 1/7/06 then the child may be legitimised if the parents were to marry. The child could then apply for, and would probably get, British nationality. Details in Vinny's earlier link.

As to the custody issues, sounds a mess. Hope Boo's suggestion works as doing it through the courts can take ages, over 12 months in my wife's case as her ex never showed up and the court kept adjourning the hearing to give him another chance. Eventually they lost patience with him and heard the case in his absence.

[Boo]

I wonder if, when/if he gains full custody the embassy would allow citizenship even if they were not married prior to the change date on proof of fatherhood (birth cert) & also fact of full custody?

Would surely become a human rights issue if british citizen with full custody of thai/british natural child was denied passport or right to bring child to the UK legally?

[the scouser]

On the assumption that the child was born before 1 July 2006, and that therefore no automatic entitlement to British citizenship is held, the child may obtain a Thai passport and then seek a settlement visa to accompany his/her father to the UK. Once in the UK, the father may then apply to the Home Office to register the child as a British citizen. This is on the other assumption that the father gains custody of the child.

Scouse.

[JacknDanny]

There is no longer a requirement for the parents to be married anymore (anyone can confirm that?)

If his child is illegitimate then his child's UK citizenship is automatic if the father is British 'otherwise than by descent' and the child is born on or after 1 July 2006.

If born before 1/7/06 then the child may be legitimised if the parents were to marry. The child could then apply for, and would probably get, British nationality. Details in Vinny's earlier link.

As to the custody issues, sounds a mess. Hope Boo's suggestion works as doing it through the courts can take ages, over 12 months in my wife's case as her ex never showed up and the court kept adjourning the hearing to give him another chance. Eventually they lost patience with him and heard the case in his absence.

Doing it through the Thai courts is very simple and easy, just get a good lawyer. It took me around 2 months from start to finish to get sole custody of my son. Total cost 100,000 baht, and worth every baht!!

[topfield]

UK citizenship for the child shouldn't be an issue, as the name of the father is on the birth cert he should contact the British Embassy & get his child a british passport. There is no longer a requirement for the parents to be married anymore (anyone can confirm that?)

The issue is custody, if he takes the child back to the UK without the mothers permission he wil be in big trouble. Suggest he contacts a lawyer & family court to gain full custody rights over the child.

Having dealt with such matters , can confirm BOO is entirely correct in practice.

Legally such grant of citizenship is discretionary ie not as of right, as it is in the case of married parents or an unmarried mother but in practice citizenship for the child will usually be granted.

Would mention that applying in the UK (Liverpool ) for the child's citizenship (which will be by registration) is cheaper and quicker, than at the Embassy Bangkok where a solitary and very busy lady usually handles such matters.

The Scouser is clearly the man for the job ( meaning his immigration office )

Edited January 22, 2007 by topfield