When there is a legal disagreement, do the courts treat foreigners fairly when compared to Thai citizens?

[JosephH]

Dear fellow members,

 

I would like to share with you a story of a foreigner who has been married in Thailand for 13 years and is facing a difficult situation. He has been sending money to his wife to buy a house, which they got after being married for 8 years. However, when he returned to Thailand late in 2019, his wife started to make up problems for non-sense reasons. He then found out that she filed a case against him accusing him of abusing her and wanting a divorce and full custody of their son, and she denies the house is marriage property, saying it's a gift from her mom.

 

The member hired a lawyer who found out that the wife bought the house under her mom's name for one month, then transferred it to her name to make it look like a gift from her mom. During the court process, he hasn't seen his son for two years now. The first family court judged her with full custody but no divorce, which is weird because custody cannot be judged without divorce. And because there's no divorce, there's no marriage property splitting or mention of it.

 

The wife wasn't satisfied with this and wants to kick the member out of the house. She filed a new case but in the civil court, which the judge there was sarcastic on her and her lawyer because they should go to family court since they are officially married, and the member is not a renting person. However, the wife didn't get enough and cut the water from the house since it's in her name, which is against Thai law.

 

The member has read the Thai law, which says it’s a marriage property even by default. However, he even has all the evidence to prove it, and yet the court is refusing his request to contact the water authority to reconnect the water without her permission, even though this is against the law. The court is clearly taking her side and intransigent. The member is frustrated because it's so clear in the Thai law, yet he can't see his son or have water, and he can't tell how suffering it is.

 

The member is asking for help and advice from anyone who has been in a similar situation. He wants to know what he can do to protect his rights and see his son. He has already hired a lawyer, but it seems like the court is not following the law. Any help or advice would be appreciated.

 

Thank you.

[blackcab]

Moved to the Family/Marriage/Divorce forum.

[simon43]

Is there a clear bank record of the payments made by the husband to his wife's bank account?  If not, then it's all just heresay....

[rose33]

No, foreigners are not treated equally or fairly in Thai courts.

 

Every inch of Thailand belongs to those who are of Thai blood. Solved.

 

[JosephH]

7 minutes ago, simon43 said:

Is there a clear bank record of the payments made by the husband to his wife's bank account?  If not, then it's all just heresay....

there's a transaction invoices and bank statement shows the money flow the wife's bank account 

[4MyEgo]

26 minutes ago, JosephH said:

The member is asking for help and advice

Tell him it's time to cut his losses and move on, as for the kid, that shouldn't be a problem once he has moved on.

[JosephH]

4 minutes ago, rose33 said:

No, foreigners are not treated equally or fairly in Thai courts.

 

Every inch of Thailand belongs to those who are of Thai blood. Solved.

 

so anyone can be a fraud and steal without punishment ? 

 

[JosephH]

2 minutes ago, 4MyEgo said:

Tell him it's time to cut his losses and move on, as for the kid, that shouldn't be a problem once he has moved on.

It's not an option, He is seeking justice

[VinnieK]

3 minutes ago, JosephH said:

so anyone can be a fraud and steal without punishment ? 

 

By and large..????

 

 

[Goat]

Doesnt matter if faranger or thai.

 

Whoever has the best lawyer wins. 

Who will pass on the gifts to the judge. 

[4MyEgo]

24 minutes ago, JosephH said:

It's not an option, He is seeking justice

Sometimes in life someone kicks a ball to you, and that ball can change your whole life for many many years and also create a financial burden and of course if kids involved, rip your heart out.

 

What I was trying to say was, when that ball lands at your feet, best to keep walking, justice, well everything comes at a price, up to him, he can keep kicking the ball, whether he scores a goal or not will depend on many things, however if he does score a goal, I don't think things will be any better personally.

 

Sometimes it's easier to just walk and start over as I have seen many guys do that, I used to play and score goals, talking from experience, but now looking back, it would have been easier to walk, but my stubbornness and wanting justice kept me playing the game.

 

Justice isn't what we think it is.

 

[Snugs08]

How much did he send in total to buy the house? How much is it currently worth to fire sell? If it's in the same village as the alleged conspirators then the net worth to your friend may be close to zero when you factor in the financial cost, time, and stress of a prolonged legal battle across multiple courts unless it's a very expensive plot/house. 

 

Are you sure the land/house titles haven't already been used as collateral for usual vices? If it's a principle thing, then perhaps he can take relief that they'll probably lose the lot one way or another eventually if there is gambling involved. I'd focus on the custody and walk run away from the house, let them focus on that battle - pretending to be fighting it, whilst focusing efforts on securing long term custody

[JosephH]

It's kinda disappointing seeing all those negative replies, 
Some one has all the evidence and read all the Thai law related to this matter and assure it's his right
but yet he can't take his right !!!!!!!! 
not just that most of replies don't want him to keep fighting for his obvious right ??
that's a big disgrace when no longer there's a hope of justice without feeling a shame on how life and justice turned out
when there's no law it's a jungle law

[4MyEgo]

3 minutes ago, JosephH said:

when there's no law it's a jungle law

Welcome to the LOS

[JosephH]

8 minutes ago, Snugs08 said:

How much did he send in total to buy the house? How much is it currently worth to fire sell? If it's in the same village as the alleged conspirators then the net worth to your friend may be close to zero when you factor in the financial cost, time, and stress of a prolonged legal battle across multiple courts unless it's a very expensive plot/house. 

 

Are you sure the land/house titles haven't already been used as collateral for usual vices? If it's a principle thing, then perhaps he can take relief that they'll probably lose the lot one way or another eventually if there is gambling involved. I'd focus on the custody and walk run away from the house, let them focus on that battle - pretending to be fighting it, whilst focusing efforts on securing long term custody

around 5 millions baht in time of buying
The custody is a good point though .. and that's what his lawyer is going for.
 

[jaideedave]

40 minutes ago, JosephH said:

so anyone can be a fraud and steal without punishment ? 

 

TIT

[JosephH]

So we supposed therefore caution the new victims to avoid falling into this trap, to avoid getting married, to understand the repercussions, and to be aware that no matter how much evidence they have, they will never be able to take their rights, cause that is clearly a crime of fraud!!!

[ed strong]

Sad to say but your friend has been done and its all planned so you will have difficulty getting anything back. For his own health he is better off just moving on and forgetting about it.

 

Ive lost millions of baht to Thai women and once they have it they arent letting go. I was even threatened by other people and told to leave Thailand etc or ill be shot....It got quite nasty.

 

Even to get a judge to listen to your case will cost you $around 5k and then there is no guarantee he will even hear the case.

[ed strong]

Any Thai women putting a new car or house in their mothers name is a major hint that there something wrong.

 

They do it to avoid the connection between farnag / thai gf, should they end up in court at later date

[Purdey]

I agree that a very good lawyer will be helpful. A judge may feel bias towards a Thai but he will understand that he cannot ignore the wife's lies.

[blackcab]

The problem the OP has is that the land may already be encumbered with debt.

 

After spending money on taking the matter to Court, his 50 per cent of the equity may amount to nothing at all.

[Snugs08]

6 minutes ago, ed strong said:

Any Thai women putting a new car or house in their mothers name is a major hint that there something wrong.

 

They do it to avoid the connection between farnag / thai gf, should they end up in court at later date

Wouldn't the conspirators have to pay 2% transfer fee as well? Seems well planned out if the case, as that's 100k out the door before other fees.

[Etaoin Shrdlu]

17 minutes ago, JosephH said:

around 5 millions baht in time of buying
The custody is a good point though .. and that's what his lawyer is going for.
 

I think that In many areas of the law, Thai courts tend to be relatively impartial and do not necessarily favor Thais over foreigners.

 

Child custody is, however, not one of these areas. For a foreign father to get custody of a child from a Thai mother would likely require the father to prove the mother to be unfit, and that would be a high bar. 

[rose33]

55 minutes ago, JosephH said:

so anyone can be a fraud and steal without punishment ? 

 

Thailand belongs to the Thai. Like it or leave. There are many flights leaving every day. 

[freedomnow]

If the judge is woke - you are neither black/white/male/female...you are just an all-categories neutral floating free-spirit and can expect 100% impartiality.

[NativeBob]

Everything can be solved just fine here and judges are (often) quite rationalistic, at least please don't think they will go for peanuts. However this person should put really big deal to find reliable lawyer. Here we go: most are just to get money, not much experiences and trustworthy. 

Also, Lawyer Consul at Ratchadamnoen Ave (near Khao Sarn rd) is the good place to start looking for the right one. Not some shops with scales on window but real counsul. I went there.

Bribes and gifts? Why? did he kill anybody? drugs? if no crime at all than no gifts from him, as he is the victim.

Also, get all protocols translated from thai, read carefully and keep them.

[wildpuppet72]

1 hour ago, JosephH said:

so anyone can be a fraud and steal without punishment ? 

 

Yes... TIT

[JosephH]

14 minutes ago, rose33 said:

Thailand belongs to the Thai. Like it or leave. There are many flights leaving every day. 

Yeah actually he wish to do so, but his son is belong to him and his money is belong to him unless only criminal fraud would disagree with that
i'm sure no one would like to stay in unfair place with no rights that so stupid

[DrJoy]

1 hour ago, JosephH said:

Any help or advice would be appreciated.

If you have a fancy lawyer, you will win no matter nationality

[DrJoy]

1 hour ago, JosephH said:

advice would be appreciated.

I hired this lawyer against a Thai. I won the case.

 

This was my experience. YMMV.

 

I  recommend them

 

http://www.chaninatandleeds.com