Hello all

Just need a bit of information if possible. My wife and me are both British citizens, although wife was Thai previously. We both reside in the U.K. My wife has a child (11 years old) in Thailand who for about 5 years was in custody of the child’s father. We are looking at the possibility of bringing the child to reside with us in the U.K. Last September the father could not afford the up keep of the child so we assumed responsibility for her at this time, albeit she was living with my wife’s mother. For the last 7 months my wife and me have been responsible for all aspects of the child’s life as the father as not been involved at all. We have telephoned 3 times a week, provided adequate financial support and decided what schools she goes to as well as making other decisions in her life. Something we don't have is documentation from the local amphur or any other government office stating my wife's current custody of the child. My wife's ex husband will provide statements to either the embassy or any government office.

If anyone can answer a few questions would be great

How long is advisable to have responsibility of the child before making an application for settlement?

Is it going to be a problem in getting the relevant documentation from government offices transferring custody of the child to my wife?

Is it just a case of visiting the local amphur with either him or other someone else to get the relevant documents?

cheers

Anton

Anton,

There is no prescribed length of time for which your wife has to have exercised sole responsibility, but the courts have previously found that the shorter the period, the more difficult it might be to establish. Sole custody and sole responsibility are not necessarily one-and-the-same. To have sole custody of the child is only one factor of many which go towards establishing sole responsibility which may otherwise be demonstrated without the parent having sole custody. Your post implies, however, that your wife and the child's father were previously married, and one would normally expect a custody order to be made as part of the divorce settlement.

Scouse.

Scouse

The custody of the child was given to the father. Is it not a matter of just transfering custody over to my wife as he is willing ?

Anton

Yes, that can be done, and in this case perhaps should be, but be aware that the timing of the change of custody might be questioned by the visa officer. Don't forget that satisfying the sole responsibility requirement isn't simply a matter of having custody, and your wife will need to rely upon all other evidence she has to show that it is she who provides the direction in her daughter's life.

I don't know whether you've read it, but there's a handy Tribunal determination which brings together the relevant case law on sole responsibility which can be found at:-

http://www.ait.gov.uk/Public/Upload/j1907/...06_td_yemen.doc

Scouse.