Child Custody - Execution of Decision

[jimflan]

Anyone any experience of winning custody of the kids out of a divorce and the subsequent enforcement of that decision ? i.e. if the kids are still with the mum how do you go about getting them back and to what extent, if any, do the Thai authorities help in enforcing their own decision? 

Please no trolls and/or smart ass responses - really could do without ... 

[cooked]

We helped a "grandchild in law" get custody of his son. Generally in Thailand, unless the mother signs the kids over to you (or doesn't contest your application) then they stay with her. The wife says "boys stay with their mother, girls with their father", but that sounds more like tradition than anything legally based.

You need to go the local Family Court and go there with a Thai speaker who is capable of getting hold of a trustworthy lawyer. He will take you through the court's procedures but if the mother contests then you don't have much chance. In our simple case, where the mother didn't contest, it took us about ฿50 000, six months and a lot of paperwork. 

The police will help enforce any decision the courts make.

Obviously money is involved throughout the process.

[jimflan]

Yes, have a lawyer and interpreter and a pretty strong case against her on grounds of neglect and abuse but also recognise the traditional tendency to give to the mother. We go to court next month so we shall see what the verdict is, but whilst the process up to the court hearing is clear, the process after the decision is not - hence my query. I cannot be the first farang to have faced this situation so was hoping others in here can share their experience. 

[cooked]

Well I told you about the police. And money.

That's it really.

[Awk]

9 hours ago, cooked said:

Well I told you about the police. And money.

That's it really.

 

That's it?  Does not sound helpful at all.

 

I too am curious what the answer to the OP's question is.  If you search for older posts by another poster here (MikeyIdea), you will find information about the procedure.

 

If I remember correctly there may unfortunately be quite a bit of work and time involved if a mother refuses to follow the court order.  I suggest reading his old posts, and use what he says to validate what your lawyer tells you.  And for others who may want to know, please post an update here regarding what you find out too.

 

 

[rhodie]

17 hours ago, jimflan said:

Yes, have a lawyer and interpreter and a pretty strong case against her on grounds of neglect and abuse but also recognise the traditional tendency to give to the mother. We go to court next month so we shall see what the verdict is, but whilst the process up to the court hearing is clear, the process after the decision is not - hence my query. I cannot be the first farang to have faced this situation so was hoping others in here can share their experience. 

Have a look at this guys case. Lots of information and describes the court process.

 

 

[cooked]

12 hours ago, Awk said:

 

That's it?  Does not sound helpful at all.

 

I too am curious what the answer to the OP's question is.  If you search for older posts by another poster here (MikeyIdea), you will find information about the procedure.

 

If I remember correctly there may unfortunately be quite a bit of work and time involved if a mother refuses to follow the court order.  I suggest reading his old posts, and use what he says to validate what your lawyer tells you.  And for others who may want to know, please post an update here regarding what you find out too.

 

 

I'm afraid that enforcing a court decision is the job of the police. They may or may not contact the court / lawyer before taking any action. That may / may not involve money.

[geordie]

I have just been back to court again about the custody of my daughter.

When I divorced the ex I was awarded 50 50 custody of my daughter with the ex wife but my daughter lives with her.

I work offshore on a 6 weeks on 6 weeks off rotation, I was always having trouble getting access to my daughter when home.

I took this back to the same court I divorced her Chon buri juvenile and family court, this was 1 week ago.

The out come of the case was that I still have 50% custody by Thai law of my daughter and now she lives with me all the time I am home from my work.

Regards Geordiei

[Awk]

Congratulations. This is further conformation about how extraordinary interested in the child's well being the Thai family courts are, regardless of whether you're a foreigner or not. I think you must also have made an extraordinary good impression on the court for them to decide that it's beneficial for your your daughter to live with you all the time like that when you're off work.

[geordie]

Thanks Awk,  the family courts are very interested in the child's best interest.

The ex was telling the court that she wanted to take my daughter to live with her in Bangkok, the courts told her that my daughter needs to be close to her father, I proved that I had kept to the custody agreement and proved that it was the ex and her family that were breaking the agreement.

It's best to keep all of the evidence and also any bank statements for maintanence and school payment fees.

 

Regards Geordie