British dad jailed in Thailand for 'abducting' son who 'asked to be taken away'

[cyberfarang]

 

[Tony125]

17 hours ago, brewsterbudgen said:

I've been in touch with the mother and, as I thought, she has every intention of going back to her life in Scotland - "when all the problems finish".

I think the question tukkytuktuk and now me are asking is not that she told you this but how do you know the mother? Are you the person she is visiting in Thailand?

[brewsterbudgen]

I think the question tukkytuktuk and now me are asking is not that she told you this but how do you know the mother? Are you the person she is visiting in Thailand?

I've known her since 2005. She was a "gik" for a while and great fun to go out clubbing with. We drifted apart when she met Joe, but have always stayed in touch.

She came back to Thailand for her sister's wedding.

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[tropo]

18 hours ago, MaeJoMTB said:

I get my misses to write "I give permission for my husband to take our son to the UK" on a signed copy of her ID card and house book, along with her phone number.

That could easily be contested. To be of value in court it would need to be witnessed by some legal entity.

[Jimbo2014]

On 25/02/2018 at 4:55 PM, MaeJoMTB said:

BBC says NO,

"British authorities have no jurisdiction in Thailand, which is not a signatory of the Hague Convention, and abduction is not considered a crime in the Thai Kingdom."

http://www.bbc.com/news/uk-england-stoke-staffordshire-14737210

Thailand is a signatory to the Hague - but there needs to be diplomatic relations between two countries for it to be effective.  There supporting law against abduction but it is a slow process.  In the experience of a friend it is reasonably fair to foreigners.   http://www.tilleke.com/resources/thailand-child-abduction-act-legal-recourse-parents

 

https://www.ag.gov.au/FamiliesAndMarriage/Families/InternationalFamilyLaw/Pages/HagueConventionOnTheCivilAspectsOfInternationalChildAbduction.aspx

[Bangkok Ape]

1 hour ago, brewsterbudgen said:

I've known her since 2005. She was a "gik" for a while and great fun to go out clubbing with. We drifted apart when she met Joe, but have always stayed in touch.

She came back to Thailand for her sister's wedding.

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What a strange comment. Why are you bragging about this? This isn't some Pattaya sex tourist forum where people feel the need to boast about there conquests. Sad man.

[brewsterbudgen]

What a strange comment. Why are you bragging about this? This isn't some Pattaya sex tourist forum where people feel the need to boast about there conquests. Sad man.

How is this bragging? I was answering Tony's question.

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[tukkytuktuk]

19 hours ago, MaeJoMTB said:

I get my misses to write "I give permission for my husband to take our son to the UK" on a signed copy of her ID card and house book, along with her phone number.

But a signature can easily be forged and the phone number meaningless.

[tropo]

17 minutes ago, tukkytuktuk said:

But a signature can easily be forged and the phone number meaningless.

Probably the best idea is have your lawyer make up an agreement signed by both parties in front of witnesses. Preferably in Thai, so there are no misunderstandings.

[tukkytuktuk]

I can't see the Thai authorities imprisoning the 2 Brits for a long length of time. It's sure to attract negative international press. After all this is a custody battle really and not a human trafficking violation. Both mother and father have the childs safety and well being at heart. They should both work out how they can both see their child in a grown up manner without any of this running off or snatching back tom foolery.

 

I would say that the mother wants this and now that the father has had time to think he must also realise that he must let her see her child and not get sole custody in the U.K.

[MaeJoMTB]

1 hour ago, Bangkok Ape said:

What a strange comment. Why are you bragging about this? This isn't some Pattaya sex tourist forum where people feel the need to boast about there conquests. Sad man.

How would you know?

You only have 1 post!

[MaeJoMTB]

48 minutes ago, tukkytuktuk said:

But a signature can easily be forged and the phone number meaningless.

Airport immigration in Thailand and the UK seem happy with that.

[tropo]

3 minutes ago, MaeJoMTB said:

How would you know?

You only have 1 post!

It doesn't even take one post. Claiming the mother in question was your "gik" sounds a bit like bragging to me too. Even if you don't consider it bragging, it's certainly not in good taste.

[brewsterbudgen]

It doesn't even take one post. Claiming the mother in question was your "gik" sounds a bit like bragging to me too. Even if you don't consider it bragging, it's certainly not in good taste.

Maybe I've been here too long, but the term "gik" is very common. I could re-phrase it and say she had been my girlfriend, but she really wasn't. Sorry if it upsets some people, but let's not take the thread off topic.

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[tukkytuktuk]

1 hour ago, brewsterbudgen said:

Maybe I've been here too long, but the term "gik" is very common. I could re-phrase it and say she had been my girlfriend, but she really wasn't. Sorry if it upsets some people, but let's not take the thread off topic.

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Exactly, we are not here to discuss your relationship with the mother. What I would like to know is, does anyone know what happens next in this tragic battle? Will the jailed father and his accomplice be released on bail? Will a meeting between the father and mother arranged? Who will be brought in to handle this international custody case? Will the British Embassy be involved with the Thai authorities to represent both and come to an agreement on their much loved son?

 

I know you'll all say I don't know, but someone must have an idea of what we shall likely see happening and hopefully soon. The son has suffered enough and he needs to know who he can see and stay with, etc..

[brewsterbudgen]

Exactly, we are not here to discuss your relationship with the mother. What I would like to know is, does anyone know what happens next in this tragic battle? Will the jailed father and his accomplice be released on bail? Will a meeting between the father and mother arranged? Who will be brought in to handle this international custody case? Will the British Embassy be involved with the Thai authorities to represent both and come to an agreement on their much loved son?
 
I know you'll all say I don't know, but someone must have an idea of what we shall likely see happening and hopefully soon. The son has suffered enough and he needs to know who he can see and stay with, etc..

Hopefully someone with knowledge about the father's side will update, or the UK media will. The boy and mum seem happy enough - this photo was from yesterday.

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[tukkytuktuk]

I was happy at that age too! A big hug, a lolly pop and smile for the camera. I bet the kid still misses his dad. Yes, his dad did go about it all wrong but he has a right to see his son too. Don't take sides! Find solutions T-O-G-E-T-H-E-R. A boy needs a father as well as a mother.

[tukkytuktuk]

Weʼre raising £5,000 to help raise funds for legal bills for Joe who was arrested in Thailand for abducting his own son. Please help No matter how big or small.

 

https://www.justgiving.com/crowdfunding/joe-smith-5

 

[Rc2702]

4 hours ago, tukkytuktuk said:

Exactly, we are not here to discuss your relationship with the mother. What I would like to know is, does anyone know what happens next in this tragic battle? Will the jailed father and his accomplice be released on bail? Will a meeting between the father and mother arranged? Who will be brought in to handle this international custody case? Will the British Embassy be involved with the Thai authorities to represent both and come to an agreement on their much loved son?

 

I know you'll all say I don't know, but someone must have an idea of what we shall likely see happening and hopefully soon. The son has suffered enough and he needs to know who he can see and stay with, etc..

Well let's hope this is all a big misunderstanding and all parties think of the child's interests and the police withdraw the charges and let the two gents out asap. I think it's a possibility this lady by some people's accounts is not a bad apple and herself is apparently trying to get back to bonny Scotland. The charity chap does have some councillors ears in the UK so if this drags on I'm sure there will be calls made and some sensible solutions found. A happy ending similar to that guy darron from south Africa had would be great but the time it took to get there could be a disaster for all parties in this case.

[Wilsonandson]

Well let's hope this is all a big misunderstanding and all parties think of the child's interests and the police withdraw the charges and let the two gents out asap. I think it's a possibility this lady by some people's accounts is not a bad apple and herself is apparently trying to get back to bonny Scotland. The charity chap does have some councillors ears in the UK so if this drags on I'm sure there will be calls made and some sensible solutions found. A happy ending similar to that guy darron from south Africa had would be great but the time it took to get there could be a disaster for all parties in this case.

Jintra should now help her ex get out of prison and the both of them sort out this problem in the proper way.

Come on Jintra
Come on Joe
Do it for your son!

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[JLCrab]

If Jodie Smith and Mr. Felton are indeed charged with criminal abduction it may not be up to Mr. Smith and Jintra to do anything.

[Wilsonandson]

If Jodie Smith and Mr. Felton are indeed charged with criminal abduction it may not be up to Mr. Smith and Jintra to do anything.

How do you mean?

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[JLCrab]

40 minutes ago, Wilsonandson said:

How do you mean?

The Thailand Child Abduction Act of 2013 was enacted so a person granted lawful custodial rights to a child ex-Thailand can initiate civil proceedings in Thailand to recover a child wrongfully brought by another into Thailand and return the child to the country ex-Thailand.

 

It was not enacted to allow the person with custodial rights ex-Thailand to enter Thailand and grab the child and take the child out of Thailand without the consent of a lawful Thai parent. The Thai authorities may want to use the current situation to make sure others are aware of this.

[Awk]

8 hours ago, JLCrab said:

If Jodie Smith and Mr. Felton are indeed charged with criminal abduction it may not be up to Mr. Smith and Jintra to do anything.

 

And pray tell, who in this world do you think can accuse Mr. Smith of "criminal abduction" of his own child, if not the child's other custodian, the mother?

[JLCrab]

9 hours ago, Awk said:

 

And pray tell, who in this world do you think can accuse Mr. Smith of "criminal abduction" of his own child, if not the child's other custodian, the mother?

The Royal Thai Immigration Police could arrest Mr. Smith and Mr. Felton at BKK and charge them with abduction even before the Mother might  know that the child was missing.

[Wilsonandson]

The Royal Thai Immigration Police could arrest Mr. Smith and Mr. Felton at BKK and charge them with abduction even before the Mother might  know that the child was missing.

He had his passport. Full custody of his son granted in the U.K courts! Kindly explain this, please.

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[JLCrab]

8 minutes ago, Wilsonandson said:

He had his passport. Full custody of his son granted in the U.K courts! Kindly explain this, please.

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The boy had his UK passport which showed that he entered Thailand when the father was still in UK. Custody rights granted in the UK are the basis for a civil action under the Thailand Child Abduction Act -- not the basis to remove the child from Thailand without the consent of the Thai mother whose rights prevail when the child is in Thailand.

[spermwhale]

On 2/26/2018 at 10:01 PM, MaeJoMTB said:

No, not certain, BBC report says didn't.

 

I sat down with my lawyer in my impending custody case and he confirmed that Thailand signed the convention in 2012 and that's probably why there is conflicting information online because some of it is outdated. 

 

 

[kolkolkol]

On 2/25/2018 at 10:56 AM, Tradewind777 said:

Thailand is a signatory of The Hague Convention and as such once the processes are completed, Thailand would have to send the child back to UK. However, lengthy legal challenges are possible and it can drag out indefinitely and if she can argue the case effectively (sometimes perps get away with falsehoods), she can get away with it.

 

Jodie was however in the wrong to take the law into his own hands and bypass the processes for which he is in hot water.

 

It’s a dreadful case of possession being nine tenths of the law.

She did the right thing by providing tea money sooner.

[brewsterbudgen]

Any update on the father and his advisor? The boy is still with his mum in Issan and just celebrated his 10th birthday with a huge party. The British Press appears to have dropped the story so hopefully it has been amicably resolved (and therefore no longer interesting)!

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