Leaving Thailand with dual citizen child no consent

[CNel]

Hi, 

 

I'm not here for judgement.  

 

My child 3 month old born in Australia is a dual citizen. Thai/aussie.

 

We come to Thailand with my husband whom was meant to "change" his ways. He is an alcoholic.  He hasn't changed at all.  When in Australia I refuse to let him get alcohol. But as soon as we come back to Thailand the first day drinking.  By drinking i mean straight whisky sometimes more than a bottle a day.  

 

I really had hope for our family for him to stop now i had a baby he loves so very much but he won't and cannot change his ways.

 

He is always out drinking with friends leaves me with baby and when he does come back his either passing out or abusing me and being rough with our baby without even realising .  It worry me so much cause have a child involved sometimes he can get violent towards me. 

 

I have resorted to secretly audio taping him yelling at me,  taking photos of him passed out in his own sick,  and I have learnt to shut my mouth completely when. His drunk or it turns ugly.

 

Don't get me wrong when he isn't drunk (rare occasion) he is the best dad and loves his baby daughter with all his heart. So much that he does threaten to take her away from me, put her on powdered milk or when she old enough to not need me I have to leave her behind. 

 

I will never ever leave my daughter for the life of me.  I am seriously Starting to want to leave Thailand with her and go home to a happy environment I want me daughter to not be around someone drunk and Angriness all the time.  I don't want to steal her but I feel like its only option now.  If I do this I still want him to come on tourist visa or even apply for a partner him.  I'm not doing this out of spite . I'm very anxious all the time I'm sick of crying and not knowing what's going to happen when he gets home. 

 

My questions are will I get in trouble for "kidnapping" my daughter if I leave to Australia???  

 

If he goes to court over this am I able to fight this in Australia? 

 

Do I even have a leg to stand on or will they insist I bring her back to Thailand?  

 

Thank you...  

[BEVUP]

I vvould presume your daughter entered on an Aussie Passport as an Aussie

If not may become a problem if it's reported & you get caught at airport Immigration

A family emergency back in Auss may clarify things 

Get all in order before the dash

Edited May 9, 2018 by BEVUP

[nobodysfriend]

You should contact " https://pratthanadee.org/  "they will have some good advice for you ...

[wolf81]

Is your husband of Thai or Australian nationality? From what I read it seems he is Thai. That could have some implications.

[manchega]

Alcholics tend to know their problems.

 

protect yourself and your child, it will be a sobering moment......

[Rv Hawee]

Escape...they are all nice when sober !

Find quickly as you can the legit way to escape legaly with your daugther.

Could the Australian ambassy be of some help or advice ?

Good luck !

[Juan B Tong]

If he is not in a good recovery program, run away.

 

This is a disease, but there's no cure.

 

Nobody will say your a bad person.

 

Staying only helps him drink and makes your life hell.

 

[mikosan]

Whilst I appreciate that your child is dual Thai/Australian, what are you.  If you are Thai, but have permanent residency in Australia, get you and your child back there as soon as possible and worry about it then.  Helpful if you have family in Australia. Whatever you do, you MUST get away from this man, before it is too late. Good luck.

[Khun Falang]

You can not leave Thailand with your child without the father's permission. The airlines and the immigration authorities are very strict about it. However, if you go to Australia with you husband and your child, you can then stay there whether your husband likes it or not. he can not take the child out of Australia without your permission. You probably can alert the Australian immigration for the possibility that your husband may try to leave the country (Australia) with the child and against your will. They will not let him. In any case, once you get to Australia with your husband and the child, you can contact the local immigration people and ask for their advice.

 

Good luck.

[PerkinsCuthbert]

2 hours ago, nobodysfriend said:

You should contact " https://pratthanadee.org/  "they will have some good advice for you ...

This is the best advice, they have experience of exactly your type of situation. Do not delay, go to them as soon as you are safely able to, they will help you.

[Aussie17]

I vvould presume your daughter entered on an Aussie Passport as an Aussie
If not may become a problem if it's reported & you get caught at airport Immigration
A family emergency back in Auss may clarify things 
Get all in order before the dash

Yes she's entered on an Australian passport

Sent from my CPH1701 using Thailand Forum - Thaivisa mobile app

[Aussie17]

Is your husband of Thai or Australian nationality? From what I read it seems he is Thai. That could have some implications.

Husband is Thai.

Sent from my CPH1701 using Thailand Forum - Thaivisa mobile app

[Aussie17]

Whilst I appreciate that your child is dual Thai/Australian, what are you.  If you are Thai, but have permanent residency in Australia, get you and your child back there as soon as possible and worry about it then.  Helpful if you have family in Australia. Whatever you do, you MUST get away from this man, before it is too late. Good luck.

I'm an Australian not thai .

Sent from my CPH1701 using Thailand Forum - Thaivisa mobile app

[sirocco]

Hello,
Your situation is not easy.
You say that the baby is born in Australia, and that it is 3 months old, it is early for a baby to make such a long trip.
But you came to what date in Thailand. ?
Maybe suggest to your husband to leave for some time in Australia, under the pretext that the baby needs to be followed by the pediatrician who saw it at birth.
Up to you. Do it for the best.
 

[OmarZaid]

Make a careful exit plan ... for Aussieland ... consult the Aussie Embassy --- they can advise you for counsel .... play along with hubby until all is in order ... but do not delay

[natway09]

I was going to give you some advice but think you would be better contacting an organization that

knows the ropes better than I.

Good kuck

[Time Traveller]

CNel, without consent from your child's father, what you are suggesting is effectively kidnapping. And even if you do make it out of the country, then expect to be placed on an Interpol list if the father ever asks Thai authorities to get his daughter back.

 

My advice, don't waste your time getting advice from forums like this that are full of sympathetic ears telling you to flee with the child...... Go and see a Lawyer.  

 

Parenting is a joint responsibility. When you make poor decisions when choosing your partner, (Sorry, but that's the truth) then there is no easy solution without involving the courts to gain legal custody.

[khunPer]

20 hours ago, BEVUP said:

I vvould presume your daughter entered on an Aussie Passport as an Aussie

If not may become a problem if it's reported & you get caught at airport Immigration

A family emergency back in Auss may clarify things 

Get all in order before the dash

I agree with user BEVUP. If your child has entered Thailand on an Australian passport, you should probably not have any problems; however if the child has a Thai family name it might, or might not, draw an Immigration officer's attention, but a copy of Australian birth certificate – best if verified by the Australian embassy – might be a good back-up.

 

There's no overstay for a minor.

 

If your child entered on a Thai passport you might need permission from the father, i.e. an official letter issued by the Amphor, same office that issues ID-cards. Both father and mother need (to my experience and knowledge) to be present at the Amphor office.

 

Try to contact your Australian embassy for advice, as your child is born in Australia, they might have (much) better knowledge than us forum-posters. Wish the best for your child and you...

[maprao]

If entered on Aussie passport I would try and leave with her quietly and discretely after that you can contact him from Australia. I do not know if this is the right way but it would be what I would do...

 

Good luck and update us on your solution...

Edited May 10, 2018 by maprao

[chickenrunCM]

all the people who has no life and have to type something even they dont have any clue. 

mother can leave anytime with her child to their home country, child is Australian, was born there has the passport.

I was married in a foreign country and at the divorce tme, my kids have been 1.5  y and 2.5 years and they traveled with me 100 times over a border and never ever I had to show anything else than ID or passport, even they traveled not with the same national passport like mine. 

Also in Thailand I live with 1 son, he is now 17 and he travels alone since 5 years to europe, never ever he had to show any paper at check in or imigration.

if you are not a divirced parent with expierence in this field why you do not only read and shut up instead of spreading rumors and false information here and other people will take your stupid coments as fact and refer on them when the next person ask a similar question

sometimes it is better only to shut up......

[khunPer]

2 hours ago, chickenrunCM said:

I was married in a foreign country and at the divorce tme, my kids have been 1.5  y and 2.5 years and they traveled with me 100 times over a border and never ever I had to show anything else than ID or passport, even they traveled not with the same national passport like mine.

Was that foreign country Thailand..?

[KamalaRider]

11 hours ago, Aussie17 said:

I'm an Australian not thai .

Sent from my CPH1701 using Thailand Forum - Thaivisa mobile app
 

Leave Thailand NOW and never let him have visits alone with your daughter, in Australia or outside.

Be careful, DO NOT utter one word of your plans. 

From what you said, he's been threatening you to take away your daughter from you already. - LEAVE NOW. 

 

[KamalaRider]

9 hours ago, Time Traveller said:

CNel, without consent from your child's father, what you are suggesting is effectively kidnapping. And even if you do make it out of the country, then expect to be placed on an Interpol list if the father ever asks Thai authorities to get his daughter back.

 

My advice, don't waste your time getting advice from forums like this that are full of sympathetic ears telling you to flee with the child...... Go and see a Lawyer.  

 

Parenting is a joint responsibility. When you make poor decisions when choosing your partner, (Sorry, but that's the truth) then there is no easy solution without involving the courts to gain legal custody.

Thailand haven't signed the Haag human rights documents, can NEVER be kidnapping if a mother is removing her child from one country that's not hers to her own and the childs. 

Wake up guys, both mother and child has Aussie passports and citizenships. The father don't, he has to apply for that in Australia.  

[MunkyBoogar]

Contact the Australian Embassy!

[MunkyBoogar]

22 minutes ago, KamalaRider said:

Thailand haven't signed the Haag human rights documents, can NEVER be kidnapping if a mother is removing her child from one country that's not hers to her own and the childs. 

Wake up guys, both mother and child has Aussie passports and citizenships. The father don't, he has to apply for that in Australia.  

The child having Thai passport/citizenship  is what's causing the problem.

 

[kalidescopemind]

My two cents is that if you and the child are Aussies, go to the Australian Embassy for advice.  You can probably contact them online.  The web site looked good too.  They will advise you if you need a lawyer, go to police etc.