Urgent help. Child custody

[silentnine]

Hi guys

Cutting a long story short.

Married Thai wife long time ago when I lived in Thailand. We had a son. Now 11 years old. Then we moved to UK 6 years ago. Son has dual citizenship.  Valid UK passport. Expired thai passport. He speaks little to no no Thai.

Marriage broke down 5 months ago. Flew back to Thailand her request. Divorced at government office . She gave me custody. 

Son lives in UK with me (dad). She lives in Thailand. 

She now has a new farang atm machine. 

She has recently been asking for copy of sons English passport. No problem giving it to her. Not trying to be difficult. 

I've been told there is a plan afoot.  Either she intends to visit the UK with thoughts of taking son back to Thailand. Or using him as part of her Visa application to UK with new partner. 

Her life is hers so up to her. 

I am concerned as the only paperwork I have relating to the divorce and child custody are the Thai ones and there translated versions. 

Saw what I hope is a not very good lawyer who took a quick look and said they are no good as from Thailand. 

So effectively she can board a plane.  Ask to visit son. Get him a new passport. And off she goes.  Or even just not return him from any visit. 

Lawyer said I could try and go to court however she would be summonsed to appear and reply which effectively gives her all she needs to apply for a UK Visa.

Anyone know anything ?

Thai papers say I have sole parental rights(custody) and she can visit. but it seems that under UK law these papers may be of no use

Worried shes going to do a smash and grab 

Edited November 10, 2018 by silentnine

[silentnine]

the translated part of divorce papers related to our son 

[silentnine]

no one ? 
the implication of this is that if you have children with a Thai and then divorce and are lucky enough to have custody of any children you had granted or conceded to you with Thai paperwork to support it that once in your home country this means nothing .. at any time you ex can board an aeroplane come and visit and take your child and they still retain full join parental responsibility .
i am still being told that in the UK at least .. that my only option is to issue custody proceedings here and summon my ex (who is in Thailand) to appear in court in the UK .. and then go thru all the hoops with CAFCAS etc .. 

[Awk]

Unfortunately I think what you are being told in UK is right, though I would be vary of any lawyer who took "a quick look" and proclaimed the Thai papers to be worthless in the UK, unless said lawyer is an expert and knows from memory which countries papers would be honoured in the UK and which would not.

 

My understanding is that child custody issues are governed by the Hauge convention of 1996, and that the countries that have signed the Hague convention of 1996 (https://www.hcch.net/en/instruments/conventions/status-table/?cid=70) honour decisions made by other countres that have also signed this convention.  Thailand has for some reason not signed the Hague convention of 1996, which means other Hague 1996 countries will not honour decisions regarding child custody in Thailand.  Thailand has however signed the Hague convention of 1980, which would make it a crime for the mother, both in the UK and Thailand, to abduct your son away from his "habitual residence" (which is now the UK obviously).

 

I'm not sure if the UK has a form one parent can sign where the parent voluntarily gives full custody to the other parent or not.  I know other European countries do have this, and if the UK has too, you may try to get the mother to sign it and then register it in the UK?  If not, perhaps there is no other choice than to start custody proceedings in the UK, though I'd be wary of starting that without knowing more about what it would entail.  In child custody issues time usually works in favour of the parent who the child is staying with, so it may or may not be best to let this dog continue sleeping as long as possible.

 

Edited November 17, 2018 by Awk

[BritManToo]

On 11/10/2018 at 2:04 PM, silentnine said:

Anyone know anything ?

Be less co-operative, and less available for contact.

Child custody cases in the UK require her to be there to suit the court.

Without paperwork from you, and a VISA to visit the UK it becomes infinitely more harder for her to do anything.

 

You appear to be providing all the paperwork and information she needs to take the kid away from you.

 

Alternatively, move back to Thailand for a while until her dream of a 'new life' in the UK falls apart.

Edited November 18, 2018 by BritManToo