Family court procedure Chiang Mai

[ChaiyaTH]

Hi, as I read many horror stories over the years I decided to still share in short how it went for me with family court as I was not married and for that reason not the legal father yet. This delayed me so far from obtaining my son his European nationality and passport as well since covid started to be an issue with immigration to do extensions (which wasn't the case until covid).

We went to the family court itself to find an lawyer, it started with 50K baht and ended with only 10K baht from another lawyer down at the airport area (where he is based). We had an appointment for the court within 1.5 month after 2 days I hired him within weeks I needed to show up at juvenile jail for a 2 hour interview. The court hearing itself was only 5-10 minutes.

In a month I can collect the document and then it's officially done. So it is not a nightmare, it is not that complicated, do keep in mind that in my case both parties agreed (mother and me). The irony is that there was another 2 people from EU, at the same court, in the same day. I noticed this by seeing 3 of EU passports at security. Not sure my lawyer did multiple people that day.

 

So basically the steps below are as follows:

1. Find a laywer, he makes all appointments etc as well arranges police translators you pay seperated 500-1200 baht per time.
2. Collect all documents (passport certified copy embassy, TM30 showing visa still valid, Photos / some basic proof I am in my son his life and take care)
3. Wait for the first hearing with juvenile prison (both mother and father, alone each, interviewed for 1 hour or so, lies will be detected, don't)
4. Wait for the court date itself: they ask you to swear speaking the truth + confirm a few questions and done in 5-10 minutes max).
5. Wait for the legal 30 days in case anyone made objections against it but essentially the verdict is there already / done.
6. Go to the amphur with this document to make it official, after this get a document from the amphur for your embassy or thai immigration.

 

What set me off the most during this experience was seeing foreign kids in juvenile jail from a russian mother who had overstayed... 

[CMBob]

You refer to getting a "document" and I'm curious what that document may be.   Is it a Court order declaring you as the legal father of  the child or, perhaps, a corrected birth certificate for the child showing you as the legal father?

[ChaiyaTH]

5 minutes ago, CMBob said:

You refer to getting a "document" and I'm curious what that document may be.   Is it a Court order declaring you as the legal father of  the child or, perhaps, a corrected birth certificate for the child showing you as the legal father?

I became the legal father now after the judge approved my claim and basically that is now done. However it is just the formal legal procedure that someone could still claim I am not or has objections against this within 30 days.

So the document just states it is now official, without me being married with her. This is what the amphur wants and what immigration or my embassy wants it he document from the amphur. 

Yes I know it's confusing as hell, I used to not need it with immigration too, I had non-o visa + extensions for years somewhere end of covid they suddenly refused me. I could always get non-o visa on child abroad at embassies though.... TIT.

 

It was worth it, for many things, same if she would get sick or crash in accidents, there is never parental right issues or what so ever. I didn't / not see the point of (still) getting married (in general).

 

Once my son got his EU passport this also enables my girlfriend to move to EU and get 2-5 year visa's hassle free based on Chavez verdict (children can't be separated from their parents), in case we want to move back there. I already have a lawyer for this on pre-paid and can get travel documents within 2 weeks whenever wanted).

[CMBob]

Okay, thanks. Then what you're waiting for is essentially a Court Order which confirms your paternity of the child.

 

[jippytum]

17 hours ago, CMBob said:

Okay, thanks. Then what you're waiting for is essentially a Court Order which confirms your paternity of the child.

 

Could i ask why you where not included on the birth certificate

[ChaiyaTH]

1 hour ago, jippytum said:

Could i ask why you where not included on the birth certificate

I am but that does not make you the legal father nor would you have any rights. This is only the case if you were married before a baby was born (then you still have no rights but are the legal father).

 

Hence the entire confusing, even within the Thai government. The judge wasn't happy too when I mentioned that CM immigration was the main trigger for this entire case after I explained I did get my extensions until half way covid and then suddenly didn't as of demanding this.

 

For example my girlfriend could not even apply for a Thai passport for my son, without me signing. Same I could just obtain non-o child visa's as embassies abroad... yet our brilliant CM immigration told me I can no longer get 60 or yearly extensions without it. Pretty sure the are going to get a call about this.

Long story short, I needed to do it before my son turned 18 anyway so now it's done (for EU nationality). Got the 400K in the bank too so soon I will be part of the yearly multi-entry crew for 15 years to come.

[jippytum]

1 hour ago, ChaiyaTH said:

I am but that does not make you the legal father nor would you have any rights. This is only the case if you were married before a baby was born (then you still have no rights but are the legal father).

 

Hence the entire confusing, even within the Thai government. The judge wasn't happy too when I mentioned that CM immigration was the main trigger for this entire case after I explained I did get my extensions until half way covid and then suddenly didn't as of demanding this.

 

For example my girlfriend could not even apply for a Thai passport for my son, without me signing. Same I could just obtain non-o child visa's as embassies abroad... yet our brilliant CM immigration told me I can no longer get 60 or yearly extensions without it. Pretty sure the are going to get a call about this.

Long story short, I needed to do it before my son turned 18 anyway so now it's done (for EU nationality). Got the 400K in the bank too so soon I will be part of the yearly multi-entry crew for 15 years to come.

Comiserations having to deal with CM Immigration. 

 I am on my son's Thai birth certificate and was allowed to apply for British passport and leave the country for a holiday with him albeit with the mother's permission. 

Your's is the first case i have heard of a foreigner named on the birth certificate not being legally accepted as the father in Thailand.