Does police knows the Thai law regarding paternity rights ?!

[Vermor]

I show the decision of the court that give me the paternity right over my daughter... But the policemen said

1. It s valid for 30 days.

2. I don't have a marriage certificate...

What a non sense !   The reason of paternity right is because we are not married.... Are they playing games ? Or they just don't want to give any rights to a foreigner ? 

 

Is it normal that policemen talk in Thai and use the words: "man" or "gei" when talking about me ? This is really unprofessional ! 

[Kwasaki]

1 hour ago, Vermor said:

I show the decision of the court that give me the paternity right over my daughter... But the policemen said

1. It s valid for 30 days.

2. I don't have a marriage certificate...

Maybe it was valid for 30 days.

Then go back to the court as I see it you have no rights at all if you are not officially marriage.

The reason of paternity right is because you are married as I understand it.

[Belzybob]

Most Thai police don't know the road laws, so does anyone expect them to know any more complex laws?

[DJ54]

From Thailand Family Law website 

 

Thailand law requires that paternity be established either by marriage to the mother prior to the mother giving birth to the child or, through court action. In certain limited circumstances, paternity can also be obtained by an administration legal process. In this regard, a man may be the biological father and have established a relationship with his child, but without having met the necessary legal requirements, may lack the legal rights of a lawful father over his child.

[cooked]

Sounds like a tea money demand to me.

[Skallywag]

Need more information...what does a policeman have to do with paternity decision by the court?  Did a policeman come to your home to take back your daughter to her mother?   Marriage has nothing to do with paternity if a DNA test has been done

[Scouse123]

How did the policeman get involved in the first place?

 

No, he didn't speak politely to you but what can you did except ignore his rudeness and low class. That is what a Thai would do in your situation. I think you know the meaning of the low class familiar words he used, which would normally be reserved for talking to a younger, Thai scallywag.

 

There are more important issues you have here rather than a policeman showing off.

 

11 hours ago, DJ54 said:

From Thailand Family Law website 

 

Thailand law requires that paternity be established either by marriage to the mother prior to the mother giving birth to the child or, through court action. In certain limited circumstances, paternity can also be obtained by an administration legal process. In this regard, a man may be the biological father and have established a relationship with his child, but without having met the necessary legal requirements, may lack the legal rights of a lawful father over his child.

The above paragraph seems to be in your favour as you have a court order.

 

You need it translating to see if there is a mention of a thirty days period and after that time what happens. I don't believe the court would just leave it hanging there, they are more professional than that if you are lucky enough to get a case before a judge.

[Kwasaki]

12 hours ago, RicUSA said:

Need more information...what does a policeman have to do with paternity decision by the court?  Did a policeman come to your home to take back your daughter to her mother?   Marriage has nothing to do with paternity if a DNA test has been done

Without OP's input I guess the policeman was there because the mother called the police because the father turned up to take the daughter out,

Marriage has a lot to do with paternity rights.

We do not know the courts decision but if joint custody was not ruled  the mother was allowed to have full custody the father will only have visitation rights and she can refuse a visit when ever she wants. 

[benalibina]

They do not care. And yes....you are only a foreigner. Offer them money and then you are still a foreigner...with money.

[cooked]

I seem to recall, when we finally succeeded in our paternity acknowledgement and custody suite, that there was a 30 days clause, during which time the biological mother could appeal the decision. 

She didn't, but there are all kinds of nonsense floating around the realms of village folklore, I heard of a grandmother suddenly turning up in one case and demanding custody of a child, "that's the law". 

While at the courts we also heard of another case of a policeman turning up with the mother and demanding custody, without any legal basis.

As I wrote above, tea money, tea money. Or just ignore them completely.

[offset]

23 hours ago, cooked said:

I seem to recall, when we finally succeeded in our paternity acknowledgement and custody suite, that there was a 30 days clause, during which time the biological mother could appeal the decision. 

She didn't, but there are all kinds of nonsense floating around the realms of village folklore, I heard of a grandmother suddenly turning up in one case and demanding custody of a child, "that's the law". 

While at the courts we also heard of another case of a policeman turning up with the mother and demanding custody, without any legal basis.

As I wrote above, tea money, tea money. Or just ignore them completely.

If I remember correctly you do not get the court papers till after the 30 days unless they have change the procedure in the last 6 years, and then you have to file the change in the Amphure 

 

It is always a good idea to spend a few Baht and get all court papers translated and certified so you know what you have legally, only then can you argue with anybody

[Kwasaki]

Very sad for the father if he wants to spend as much time as he can with his daughter.

Very difficult situation in Thailand regarding break-ups with children involved, Thai mothers can be hard hearted from what I've noticed.  

[benalibina]

14 hours ago, Kwasaki said:

Very sad for the father if he wants to spend as much time as he can with his daughter.

Very difficult situation in Thailand regarding break-ups with children involved, Thai mothers can be hard hearted from what I've noticed.  

Hard hearted indicates having a heart. A plenty do not have. Control.

[Kenny202]

Id say its probably like dealing with any government department here. Up to the person you're dealing with at the moment in time and their interpretation.... and unfortunately there is no arguing with the police. If you have a lawyer get his card and keep in your wallet. Mention of a Tanai normally makes them lose interest pretty quick.

 

My ex broke into my home and no amount of talk would persuade her to go. She'd made threats etc and there was no way I was going to try and remove her bodily though I believe my legal right to do so, in fact my lawyer told me to give her a hiding. He said there are no domestic violence laws here and police can not enter your home for this reason. I'm sure however they would soon find a reason. Ended up had to go to the police station. As soon as I walked in I could see the 50's or so policeman hated any farang on site. he called the ex and summoned her to the police station. She was 100% in the wrong. She turned it all around...I didn't understand what they were saying but got the gist when the policeman told me she wanted 500k THB to go away with a wry smile on his face. I told him to tell her...and motioned that she can kiss my arse, I'll go get my lawyer. He lost interest immediately.

 

I also went through the court procedure and got parental / legitmization of my son. All done now and registered at the Amphur. Did you register the court order? This step very important apparently. For me it was nearly as difficult as the court order as my ex wasn't prepared to travel and sign off on it.

 

As it turns out....before the court order...the mother has to agree that you are the natural father.... without a DNA test anyway,....but after the judge has made his decision its final so you don't need the mother present to register it. 99% of the staff at any Amphur will tell you she does. I don't know if they are genuinely out of touch with the process or more likely any chance to fob even the slightest amount of work off anywhere else.

I didn't even have to register at the Amphur where my sons birth and Tabien baan are registered. Did it at my local Amphur. My local Amphur didn't want a bar of this of course until my lawyer got involved and educated them. It should be good for eternity...the judge has deemed

he / she is your child and it isn't up to the policeman. But like I said, in that instant it is up to him. I assume you have a lawyer. Make sure you have him in your contacts and should you have another episode like that one call him and let him speak to the policeman.    

 

Even though you are legitimized as the father by the way...I believe she still has the right to come and take the child at any time. I believe the police will always favour the mother particularly if the child is young. I might be wrong on that score, not sure...If mine tried to take him I would resist...she would probably call the police and in their hands. I'm sure if my now GF could get across to them she abandoned him at 4 months and has only seen him briefly in the last 3 years and the rest of the train wreck story of her life (abandoned 3 other kids too) maybe ok. Otherwise if ordered I'd have to let her take him and fight custody in court.

 

 

Edited October 30, 2018 by Kenny202