Clauses in divorce

[nicelee808]

Hi. I would like to add that my wife is not allowed to take kids to live in another country without my consent before agreeing to the divorce. Is it possible to do so and would it be legally binding

[Bender Rodriguez]

in divorce, even at court, specially when kids involved, you will have 50/50 custody

 

but this is THAILAND and if you wife takes the kids out, or move them with some family members, you will be able to do ABSOLUTLY NOTHING  as the mother will do nothing wrong in the eyes of the law

 

it sucks, but good luck trying to enforce that .... my ex is not following different things in court divorce agreement and guess what, nothing that does not involve money is considered : BAD LUCK for you

 

what out for some TVF member here, hunting for people like you

 

telling they offer "their wife"  to help negotiate or working together with a lawyer ...

 

all promises that goes into the wind .... 

 

you will think what they try to sell you (their overpriced services) is worth anything

 

bye bye money

 

my lawyer (team) asked me 100 percent full court fees AGAIN when my ex did not follow the divorce agreement .... and promised ZERO results, just that they can "try" and see how the judge feels about this or that ... might even be that the court REJECTS your demand/claim, but the lawyer will be paid in FULL

[node]

I am no lawyer, but if you are awarded shared parental power of the child/children by order of the court. If either parent, take the child / children to live in another country without the consent of the other, it is consider child abduction.

Thailand is signatory to "The Hague Convention on The Civil Aspect of International Child Abduction". You can petition the Thai court on this, and request that a warrant be issued for her arrest here in Thailand sighting abduction. If she even set foot back into Thailand to visit a sick buffalo, the police will then have to act.

If she fled to another country that is also a signatory to this Convention, you can petition the court there with your Thailand shared parental power order, and they must so act as well.

Even if, she abducted the child / children inside Thailand preventing you from performing your shared parental power duties, you can bring this to the Thai court, and the Court have to respect the convention they signed in the Hague on Child Abduction.   

Many foreigners do not know this, and I am not even sure some of the Family Judges / lawyers here are aware either, but when you quote this to them, they will adjourned the court and tell you to come back while they go have a look at this Convention.  ( My experience when I quoted this at the Thai court ).

If she move to a country that is not a signatory to this Convention, God have mercy on your soul getting your kids back.     

Japan is a signatory nation to this convention, but their law does not recognize Shared Custody over children. So if she fled there, your Court Order from Thailand is of no value. That is, if she is a Japanese citizen. 

There is another paper floating around out there, sighting, with holding the child / children from seeing the other parent is now considered "Child Abuse", which is consider a very serious matter in any Juvenile Court worldwide. 

So you do have recourse, it comes down to how much money your child / children are worth to you. 

[asiacurious]

15 hours ago, nicelee808 said:

Hi. I would like to add that my wife is not allowed to take kids to live in another country without my consent before agreeing to the divorce. Is it possible to do so and would it be legally binding

 

If I've got my understanding correct about your question, then it may come down to how you negotiate it, though a court will likely have final say.  You're more likely to get an agreement if you say something like, "Neither party may remove a child from the jurisdiction of Thailand without the consent of the other party."  If you write a clause that blocks your wife from taking the child out of the country, and it doesn't block you, then that's good for you, but bad for your wife and presumably bad for your child too.  It'll be a tough sell to your wife or the courts.

 

When it comes to child custody situations, it's always best to keep "child's interest best" in mind above all else.  If you leave Thailand with a child, is that best for the child?  If your ex-wife leaves Thailand with a child, is that best for the child?

 

I don't have familiarity with this stuff in Thailand, but at least in most of the west, this is the guiding principal.  Is it in the child's best interest?  That often translates to court barring the permanent removal of a child from that court's jurisdiction without the consent of both parents.

 

@node offers good advice regarding the Hague Convention on The Civil Aspect of International Child Abduction.

 

There is one other practical thing you might be able to add to the divorce agreement.  Neither party is allowed to apply for a passport for the child without the other party's written consent.   (In the US, both parents must apply jointly for a passport of a minor child.  Perhaps someone here might know if that's the case in Thailand?)  If your child already has a passport, perhaps it can be canceled.

 

Seeing a real lawyer in Thailand is probably a good idea, especially since there are custody issues.

 

Good luck!

 

 

 

 

[Bender Rodriguez]

9 hours ago, node said:

Thailand is signatory to "The Hague Convention on The Civil Aspect of International Child Abduction". You can petition the Thai court on this, and request that a warrant be issued for her arrest here in Thailand sighting abduction. If she even set foot back into Thailand to visit a sick buffalo, the police will then have to act

hahaha, funny

 

there is a convention, but you really think "the police" will be actively TRYING to find her

 

remember RED BULL killer ?

[Bender Rodriguez]

8 hours ago, asiacurious said:

There is one other practical thing you might be able to add to the divorce agreement.  Neither party is allowed to apply for a passport for the child without the other party's written consent. 

 

you need permission of both parents or one has to give a written permission, but with an official paper of amphur, signed, notarized and the reason my child cannot leave THAILAND because my piece of s.hit of an ex-wife does everything to be an absolute a.hole that pays NOTHING for the child's education, needs, but all ok for my ex, for me to go find one of them useless lawyers & try to petition HER to follow a signed court divorce agreement....  it's fun living in thailand with no rights... stuck till my child is 20 and don't need permission of the piece of s.hit of "mother" to get a new thai passport to finally be able to leave this s.hithole

 

please don't advice people over rules you don't know