Thai / UK baby in danger

[concernedparent]

The baby girl is a UK citizen, born in Thailand, her parents have separated (thai mum, UK dad), baby girl is living with mum in very unsavoury situation in Pattaya. Anyone know the rights of the child in being repatriated to the UK with her father?

[sanemax]

It would depend on whether they were married or not and whether the Mother gives consent .

   Unmarried and no consent from Mother, very little chance .

Married and consent from Mother , quite possible

[concernedparent]

thank you sanemax. not married, and at this stage, no consent. do you know if the the living situation has any bearing on the decision of a court/police? That is: it is an unsafe situation

[MikeyIdea]

First of all: Baby girl is a UK citizen is irrelevant

 

I have been to juvenile court many times as an interpreter. Thai law is very clear, any legal parent has the right to veto that their Thai child leaves Thailand (and it really works, even both ways = western legal father veto that Thai mother takes their mutual child out of Thailand, court supported it to 100%). And in this case, the father (as you say) is not even a father yet according to Thai law, he becomes a legal father when he marries the mother or take the issue of legitimization to court (a 2 step process, 1) legitimization 2) shared custody). Both legitimization and shared custody are a given and one does not have to worry about that at all (so just ignore lying lawyer, stupid threats, if any, juvenile will NOT order anything but legitimization and shared custody), the only thing that is unclear is how much time each parent should have with the child and child alimony (anything above 150 baht per day and should get something in return)

 

Unsafe living situation? The father is not even a relative of the child in the eyes of the law yet so very unlikely that the police would act, unless undisputable evidence (video) of violence/sexual abuse/drug addicts with needles hanging out of their arms laying around with the child in the middle. Same for both Thais and westerners of course: It starts with legitimization unless police has so much evidence that they safely can contact social services - they don't have the mandate to do anything except protect social workers while they extract the child, same in the west of course. Poor living conditions and child sleeping on the floor is not misery, I sleep on the floor in my daughters room sometimes and you sleep quite well when you get used to it, has nothing to do with misery

 

The worst possible enemy a westerner who need to go to court has is the Thai lawyer, especially in Pattaya!!!  This is very very different from the west. Never use an interpreter provided by the lawyer, never accept threats like then you will get nothing, the court will throw it out. Thai juvenile court is clearly more fair to fathers than a British court is, no bias against fathers (Pattaya is sometimes an exception to that...). Remember that the Appeals court is always less than one year away so just let the court order. Patience and ability to stay in Thailand or fly in without problem important. Anyone wanting/needing a quick court deal is clearly disadvantaged / will have to pay dearly for it

 

You are asking things a bit in the wrong order:  unsafe situation you say. Prove it or forget it = 1) Gather evidence 2) discuss with mother 3) become a father - go to court and get legitimised 4) Leave Thailand?

 

Please define unsafe situation

 

Michael