Thai Passport For Stepson/no Father Signature

[kiwijack]

I need some guidance if possible please.

I am married, registered, to Thai who has a 7 year old son from prior relationship . The father hasn't been any contact whatsoever since shortly after birth though they know his village etc. He has given no financial support nor visited since birth. Now I would like to get a Thai passport for him.

Problem is we need father's signature on documents . We dont know where he is but could probably find out through parents. Wife is adamant about not seeing him as fearful of shakedown or even loss of custody of kid, ie father may just take him. She believes in letting the sleeping dog lie.

Is there any way we can apply for a Thai passport for her son without father's signature or get son into wife's thai passport. Otherwise its a long wait until he is 18.

Any advice appreciated. I recognise principle of father's rights & I'm not trying to steal his son; just want him able to come to Australia for time to time as Thailand our home. Thanks.

[dr_Pat_Pong]

I need some guidance if possible please.

I am married, registered, to Thai who has a 7 year old son from prior relationship . The father hasn't been any contact whatsoever since shortly after birth though they know his village etc. He has given no financial support nor visited since birth. Now I would like to get a Thai passport for him.

Problem is we need father's signature on documents . We dont know where he is but could probably find out through parents. Wife is adamant about not seeing him as fearful of shakedown or even loss of custody of kid, ie father may just take him. She believes in letting the sleeping dog lie.

Is there any way we can apply for a Thai passport for her son without father's signature or get son into wife's thai passport. Otherwise its a long wait until he is 18.

Any advice appreciated. I recognise principle of father's rights & I'm not trying to steal his son; just want him able to come to Australia for time to time as Thailand our home. Thanks.

You don't have custody of the child, thus there's absolutely nothing at all that you do.

[dfwbkk]

Jack,

Don't know if there's a way around having the father signing - he actually has to be present at the passport division both when applying and when picking it up.

What strikes me as odd (I've been through it myself) is that if your wife was never legally married to the birthfather she has sole custody of the child (Book Five of Thai Civil and Commercial Code, sections 1547, 1566 and 1567). Deciding the child's place of residence is one of the first parental rights mentioned there. Despite that fact he's still required to approve of issuing the passport. Go figure...

See http://travel.state.gov/family/abduction_thailand.html

Anyway, my stepdaughter's birthdad did step up to the plate (took him 2 trips to bkk) and signed everything necessary.

I've met the guy a couple of times and like him alot - which my wife of course totally resents...

Now we all live in Texas. Actually going to Sweden and Germany for vacation next month. Applying for the kid's Schengen visa, guess what's needed? An affidavit signed by BOTH parents. My wife doesn't have any custodial documentation per se, since it's Thai law it's not really needed in LOS. So, I've submitted a bunch of excerpts from above mentioned sections together with our marriage certificate stating that neither one of us has been married before. It might work...

Anyway, sorry to stray away from your question which I couldn't really answer, but the way I see it:

1. If they were married - no way around it.

2. If they weren't - stay the course, since what the law states doesn't add up with this requirement (oops, almost forgot - TIT)...

Good luck.

DFW

[kiwijack]

Thanks gentleman,Partic DFW.

My wife was not married to the father & as such she has sole custody which i assume we both now have, tho immaterial. he is in her registration book tho under fathers name. His surname is currently being changed to mothers family name.

She won't have a bar of approaching father to sign, it was a bad relationship at the end, gambling/abuse etc, so it appears we just have to wait until he hits eighteen.

I was hoping that as the custodial parent she may be able to get him at least into her passport without father's consent.,

So Doc , does this change yor view?

I am presently out of Thailand so cannot approach a legal adviser now. Was hoping , given the common nature of step children, that someone had been there & done it before.

Thks again anyway.

[dr_Pat_Pong]

Thanks gentleman,Partic DFW.

My wife was not married to the father & as such she has sole custody which i assume we both now have, tho immaterial. he is in her registration book tho under fathers name. His surname is currently being changed to mothers family name.

She won't have a bar of approaching father to sign, it was a bad relationship at the end, gambling/abuse etc, so it appears we just have to wait until he hits eighteen.

I was hoping that as the custodial parent she may be able to get him at least into her passport without father's consent.,

So Doc , does this change yor view?

I am presently out of Thailand so cannot approach a legal adviser now. Was hoping , given the common nature of step children, that someone had been there & done it before.

Thks again anyway.

Kiwi ... you don't have custody of the child ( these things don't happen automatically ), but that is an avenue you can explore with a lawyer when you are in the LOS. Legalize the situation and all will be well.

[lopburi3]

Age 20 is the minor change age here, not 18. This is current official requirement from MFA and I would take a trip out there and talk with them myself - they seem to have it together and can probably provide better advise than us (they also have email at below address :

Minors  (under 20 years of age)

1. Birth certificate (new born -14 years) or identity card (15-20 years)

2. Marriage Registration Certificate of mother and father.

3. Identity cards of mother and father.

4. Consent of parents or legal guardian (s) Minors under 15 years of age must come to the passport office with both father and mother or legal guardian (s). In case one of the parents is unable to come , he/she must sign a letter of consent, which  must be brought to the office by the other parent and the minor.  Minors over 15 years of age  can apply for a passport with a letter of consent alone signed by both father and mother or legal guardian (s).

Other documents (if applicable)

1. Certificate of changing personal name.

2. Marriage registration certificate

3. Divorce registration certificate

4. Adoption registration certificate

5. House registration document.

[email protected]

[dr_Pat_Pong]

A super good idea Lop.

[kiwijack]

Thank you again gentleman. I will act on Lop's advice, initially to get status as legal guardians. But then it appears we must wait until he is 15 before getting a passport. So be it. Maybe they can assist at MFA when we go there but resigned to continuing absences from him whilst we are out of the country on unavoidable business. C'est la vie. Thanks.

[naomisri]

I may be a little less educated about these things than you all seem to be but I have a little experience from the same side as you. My husband has a son from a previous marriage (not registered). He got a passport for his son by having an official document written by the Ampur to testify to the fact that his wife had left him and his son very early on in the boy's life. He produced the document for the authorities in Had Yai and got a passport. I say I am no expert because I can't read the document myself and do not know 100% of the circumstances surrounding their break up (also not amicable), but this could be a route to try.

We also met a lovely woman at the UK embassy one day who was taking her son to live permanantly in England. She also had one of these documents which she had been asked to produce as evidence that she could take her son abroad.

Don't want to get your hopes up, but this could be a lead for you to follow...

[kiwijack]

Hey Naomosri, Many thks for yor post as this grass root experience was what I was hoping to elicit rather than technical advice, which is also appreciated.

We will pursue this route too,Thks again.

[Thaiwife]

My husband has a son from a previous marriage (not registered). He got a passport for his son by having an official document written by the Ampur to testify to the fact that his wife had left him and his son very early on in the boy's life. He produced the document for the authorities in Had Yai and got a passport. I say I am no expert because I can't read the document myself and do not know 100% of the circumstances surrounding their break up (also not amicable), but this could be a route to try.

My best friend did the same, to get her two sons into the US. She went to the Amphur and asked for them to issue a document saying that she was the single support of her boys. She previously got a letter from the head of the village (Phooyai bann) to support her claim, plus a little tea money.