Need help!! Child custody 2 month old to Australian mum

[Aussie17]

Please help. I'm in a bad situation. I had my baby in Australia whom my Thai husband got a visa and was there. We applied for Thai birth certificate which we got. We are now in Thailand. The whole time in Australia his been planning to take my baby and break up with me. Now that we are here his taken her Australian passport away from me and keeps saying his taking my baby. He is an alcoholic, which makes situation harder because he has become violent towards me. His told me to leave but can't take my baby and he tells me that he will win her because I'm young 22 years old and his 40, has house, stable job and says that Thai courts will pick him because his Thai and I'm not. I'm so so scared I don't want to lose my baby girl. I don't even know where I stand I'm scared to try fighting for her in case I lose her for good. Any advice please ):

 

Sent from my CPH1701 using Thailand Forum - Thaivisa mobile app

 

 

[happylarry]

I sent you a personal message.

HL

[MikeyIdea]

Thai courts will not pick him because he is Thai at all, Thai juvenile courts are more fair than most western courts even, they will choose the best path for the future of the child. You have an important advantage now as the child only is 2 months old (Thai courts consider that young children needs their mothers so you are more advantaged now than you will be in a years time). You should take this to Juvenile court as soon as you can get it planned well. Contact Harry right away if you have not, Harry's wife and the lawyer she is working with are good and can help you. I have heard that straight from their clients, not here at TV

 

You really need to hurry to gather evidence of violence too, the Thai parent is not favoured at all but that doesn't mean that he shouldn't have the right to 50% of the time with the child - when the child gets a bit older. Your evidence is necessary to reduce that percentage. He can of course also veto you from taking the child out of Thailand and don't forget that he correctly so have that right. Work the problem if you want to change that, again evidence

 

Don't do anything stupid! Remember stupid Sally Faulkner? Two kids and one of them had lived a bit more than 50% of his life in the fathers home country (habitual residence according to the Hague convention for that child is the fathers home country) but Sally burned the passports of both children directly when they came to Australia. The father learnt from the mother and took them both back to his home country and kept them there. Don't like it Sally, look yourself in the mirror  Good sample of TWO bad parents! Children with mixed heritage have the right to BOTH sides and any parent who doesn't give the child that is a bad parent. I will believe exceptions after a court views the evidence and orders otherwise

 

You need distraction and money to get through this. Get a job, work 9 hours per day 7 days per week with 2 days off per month until you get access to your child, lots of work is excellent distraction, will help you to sleep at night, and will help you to build up a new life, whatever happens. You can make USD 80 per day so it's not that difficult, just takes determination

 

Good luck, let us know how it goes

Michael

 

 

 

Edited April 26, 2018 by MikeyIdea

[MikeyIdea]

I forgot. You should immediately when you have planned/confirmed what to say make a missing persons report for your child (the police station in the area where you last saw the child), stating that you don't know where he/she is and that you actually have no idea if the child is with the father or not even (need to motivate why, a simple - never wanted to change diapers and 2 month old kids do that all the time so why should the child be with the father will do just fine). This is because both parents have equal rights so the child is technically not missing only because the other parent doesn't know where the child is

 

If the police for some reason refuses missing persons report, just instruct the lawyer to send recoded delivery letters to roi tamroat eak (that's the boss of the 2nd level policeman), that works as evidence in court

 

Michael

[PoorSucker]

Are you legally married at an Amphur in Thailand?

[murraynz]

good luck,  sounds like a sad story---get good reliable legal advice..

[jenny2017]

Sorry, to hear of your misfortune. He can't just take the passport away, but you'll always get a replacement with a police report- lost, or stolen.

 

     I hope that you've got some foreign friends who will help you. If he wants to break up with you anyway, your goal should be to take the girl back to Australia.

 

   Of course in a legal way. best of luck. 

[cat handler]

Good on him, he has as much right to have custody as you.

 

[sirocco]

Indeed, the right must be shared unless she can prove that she and her baby are in danger.

But without wanting to play the psys, I think this lady has psychological problems, perhaps due to immaturity.
In March his baby was 3 months old, in April he was 2 months old.
But, if her story is true, I wish her to get along under the best of circumstances.