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Posted

One of my friends (foreigner) is leaving soon with his Thai child, however he hasn't spoken to the mother in years will there be any issues leaving with just him with nothing signed?

He has his ID card, and will be trying to get a passport this week.

Posted

Does he have soul custody rights and documentation to prove that?

 

Immigration can and do check that the child has both parents permission. 

 

Theoretically, there is a ‘Parental consent form’ which is to be signed at the Amphur office to allow the ‘single parent’ to travel outside of the country with their child.

 

In the past, when I have travelled alone with my Son I haven’t gone as far as getting my Wife’s signature witnessed by an Amphur officer, nevertheless, I have prepared a form signed by my Wife, just incase. My Wife has also been nearby (after dropping us off at the airport) and ready to answer any questions by phone or ready to return to the Airport if needed. 

 

I’ve done this twice, both times no questions were asked (Son, with my Surname, at 3 yrs old and again at 4 yrs old - departing immigration on his Thai Passport). 

 

 

That said: I also have friends who were stopped by Immigration, the ‘mother’ was called and answered a few questions after which Immigration were satisfied. 

 

 

Thus: OP... IF you can’t get hold of the mother there could be issues, but you could also take your chances (perhaps have a female friend standing by pretending to be mum, just in case). 

 

 

Posted
1 minute ago, BritManToo said:
25 minutes ago, ndreamer said:

and will be trying to get a passport this week.

Both parents needed to get a passport.

So he will fail well before immigration.

A very valid point.

 

Unless the Op has sole custody, I suspect he needs to start searching for the Childs mother and sort some things out.

 

Posted
2 hours ago, richard_smith237 said:

Does he have soul custody rights and documentation to prove that?

 

Immigration can and do check that the child has both parents permission. 

 

Theoretically, there is a ‘Parental consent form’ which is to be signed at the Amphur office to allow the ‘single parent’ to travel outside of the country with their child.

 

In the past, when I have travelled alone with my Son I haven’t gone as far as getting my Wife’s signature witnessed by an Amphur officer, nevertheless, I have prepared a form signed by my Wife, just incase. My Wife has also been nearby (after dropping us off at the airport) and ready to answer any questions by phone or ready to return to the Airport if needed. 

 

I’ve done this twice, both times no questions were asked (Son, with my Surname, at 3 yrs old and again at 4 yrs old - departing immigration on his Thai Passport). 

 

 

That said: I also have friends who were stopped by Immigration, the ‘mother’ was called and answered a few questions after which Immigration were satisfied. 

 

 

Thus: OP... IF you can’t get hold of the mother there could be issues, but you could also take your chances (perhaps have a female friend standing by pretending to be mum, just in case). 

 

 

I just recently left Thailand with my 10 yr old. We went to the Amphur office and got a letter signed by the mother and the official stamp. They were used to the request. At the Airport leaving no one asked to see anything beyond passports.

Posted
1 hour ago, EVENKEEL said:

I just recently left Thailand with my 10 yr old. We went to the Amphur office and got a letter signed by the mother and the official stamp. They were used to the request. At the Airport leaving no one asked to see anything beyond passports.

I think mileage varies... certainly there are plenty of reports of both people being checked and others not at all.

 

Anyway, the Op has bigger issues if he hasn’t got a passport sorted yet and doesn’t know where the mother is. 

Posted
2 hours ago, DrJoy said:

Get the child your countrys PP not Thai.

I recently checked this myself and am in the same predicament. Mother required to appear for a Thai passport but only her signature required for an Australian passport. I enquired what were my options if mother awol and they replied. They sent me a link of special circumstances and I am guessing you would need some affadavit someone backing up your story? They also said it would take considerably longer to process

Posted

I've had my custody paperwork checked every time I flew out of Thailand with my son.

The last time in October of 21 they went as far as copying my custody documents, his birth certificate and passport.

Doesn't mean it will happen to everyone, just that it can

Posted
7 hours ago, Kenny202 said:

I recently checked this myself and am in the same predicament. Mother required to appear for a Thai passport but only her signature required for an Australian passport. I enquired what were my options if mother awol and they replied. They sent me a link of special circumstances and I am guessing you would need some affadavit someone backing up your story? They also said it would take considerably longer to process

Small point,

Do Oz know what mom's signature looks like?

  • Haha 1
Posted (edited)
1 hour ago, BritManToo said:

Small point,

Do Oz know what mom's signature looks like?

Not a small point at all. I left that to the readers imagination. A fairly serious Federal offence. The question is would mum be likely or have the smarts or where with all to know it even happened / contest it down the track. I would say in 98% of cases probably not. Would your countries passport office check with the other country? I don't know

Edited by Kenny202
Posted
14 hours ago, DrJoy said:

Get the child your countrys PP not Thai.

Not sure that will help in any way. If the cold was born here and has no entry stamp\visa\permit to stay in Thailand immigration will probably want to see the child's birth certificate. That will indicate the child is a Thai national and therefore had to depart Thailand using a Thai passport. Even if they will allow departing on a foreign passport, the issue of parental consent is still there.

If the mother has disappeared and no way to contact her the best and maybe only option would be to apply for sole custody at the family court. Once approved, the op can get the Thai passport and travel where and whenever he wants.

Posted
Just now, LukKrueng said:

Not sure that will help in any way. If the cold was born here and has no entry stamp\visa\permit to stay in Thailand immigration will probably want to see the child's birth certificate. That will indicate the child is a Thai national and therefore had to depart Thailand using a Thai passport. Even if they will allow departing on a foreign passport, the issue of parental consent is still there.

If the mother has disappeared and no way to contact her the best and maybe only option would be to apply for sole custody at the family court. Once approved, the op can get the Thai passport and travel where and whenever he wants.

That the best solution....next problem finding an honest lawyer who will do the custody case without wanting a ridiculous amount. 

Posted

Hmmm… if the separation from the mother was “acrimonious” this situation will probably be problemic. If the mother is willing to cooperate it will be easier

Posted

16 Jan 2020 — Under the NSW Crimes Act 1900, signature forgery is a fraud offence and the penalties can be severe, including the possibility of a ten year prison term

Posted
1 minute ago, bbbbooboo said:

16 Jan 2020 — Under the NSW Crimes Act 1900, signature forgery is a fraud offence and the penalties can be severe, including the possibility of a ten year prison term

I think you will find as it is a passport it will be covered in Federal law, and as severe or worse. It depends how desperate you are. I would do anything in my child's best interest

Posted
18 hours ago, richard_smith237 said:

A very valid point.

 

Unless the Op has sole custody, I suspect he needs to start searching for the Childs mother and sort some things out.

 

Unless he is applying for a passport from his own country as the child is his, and not applying for a Thai passport.

Posted
12 minutes ago, ThailandRyan said:

Unless he is applying for a passport from his own country as the child is his, and not applying for a Thai passport.

That adds another complication - how does a foreign child leave Thailand without an entry stamp in their foreign passport ??

 

Posted
1 minute ago, richard_smith237 said:

That adds another complication - how does a foreign child leave Thailand without an entry stamp in their foreign passport ??

 

My daughter did just fine exiting as she was born here in Thailand, and I had an original Birth certficate which had been translated into English and certified at the MFA.  But I can see your point if he does not have the items needed as well as a letter from the mother allowing him to take the child with him.  I had to have the letter also translated and certified as well as having a notarized copy of her passport which the US Embassy had issued.  

Posted
19 hours ago, BritManToo said:

Both parents needed to get a passport.

So he will fail well before immigration.

Both needed to agree but not need to be present. At least that is what worked for us in Chiang Mai (letter of agreement from Thai father).

Posted

Richard I don't think that would work ie. some lady standing by pretending to be the mother.  One question to the child "Is this your mother ?"  Also the surrogate would have to produce ID to match the birth /marriage certificate if any.  Further, if cover were blown it would jeopardize future chances of travel.

  • Thumbs Up 1
Posted
22 hours ago, ndreamer said:

He has his ID card, and will be trying to get a passport this week.

To my knowledge, both parents needs to give permission - actually be present - to obtain a Thai passport; it's the same procedure for my home country where I need to bring the mother when renewing passport for my daughter; and her mother needs to bring me, to get a Thai passport for our daughter.

 

Depending of age, you might be asked questions when a minor is leaving. You will need an authorization from the mother, an official letter issued at the amphor office, same department as issue ID-cards. It looks like this...

 

image.jpeg.3bc4043bd815cfcd310aefb2177a776c.jpeg

 

If the child only has a Thai passport and leave by air, it might be a problem, if there is not a proper visa for the destination country, if a visa is normally required for Thai nationals.

 

Posted
On 10/2/2022 at 11:37 AM, richard_smith237 said:

perhaps have a female friend standing by pretending to be mum, just in case). 

That is one very big hole he will be digging if he gets caught out.

just do everything you can do 100% legal then if you get some difficulties you can explore other avenues, but if you shoot yourself in the foot from the outset you will have nowhere to go.

Try to find the mother, but if you fail get a good family brief for sound advice, if you know or have a pic of the mothers ID card and the area she lives in the cops will find her for the cost of a brown envelope just go see the chief dick in the station.

Good luck hope you succeed 

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