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Posted

I am posting for my best friend because he doesn't know where to ask anymore and he doesn't know about this website. He is 35, Danish national, working in financial consultancy in Hong Kong. He has a baby, 1 year and 2 months old with his ex Thai wife. They are divorced. He has the custody of the baby. He basically had to buy it from ex-wife for millions. He has the custody paper when they got divorced at the Thai city hall. But the baby still in the care of the Thai mother and Thai mother now keeps the custody paper. It seems may take a while to release her to him. He hopes to take the baby to HK if he has a chance.

He visits his daughter 10-15 days a month and then back to HK. Recently Thai immigration adopted the 90/180 days on visa waiver rule, so he said he is on the borderline maximum days, and a few times airport immigration checked his entries and took long time. He decided to get the multiple 1 year in Singapore when he was there for meeting last week.

He e-mailed them beforehands to ask for the required papers, and Sing Thai embassy staff replied him to bring birth certificate original. When he got there, the embassy staff wanted more, wanted the birth certificate original plus and custody paper.

He argued that he e-mailed them but they did not mention it. They wanted to give him single entry, but for him single has no use since he only stays 10-15 days at a time. He only need the visa to avoid hassel of 90/180 rule in case he cross over a few days.

So he did not get the visa then, he said he will be in KL for a meeting, and try to apply there. He e-mailed them, but only get a link to look at and without any word written to expalin. Friendly embassy.

http://www.mfa.go.th/web/2773.php

He called them, but did not get any definite reply, reply was like bring all you have, we look it it, but did not inform what exactly needed.

We looked the link together but did not see any section that fit his situation. It seems like there is no standarization at all in Thai consular affairs.

okay, do any Thai experts know, what papers needed to get the 1 year multi O for visiting Thai child, wife divorced.

he has the following 1) original child's birth certificate 2) the custody paper from some Thai city hall, but he said he has to somehow get it back from his ex wife, maybe have to invest more 3) lots of financial statements, no problem

First question, Are these 3 enough, or anything unexpected will pop up again at Thai embassy?

Second question, can his current wife, a Japanese national and resident of HK, also apply for 1 year multiple for accompany him to visit his Thai baby daughter.

Third question, he has the legal custody of the child, but the Thai mother keeps the custody paper, in case if she refuses to give back, can he still take the baby back to HK by force if the mother resists? or he needs to somehow get the custody paper re-issued at the Thai city hall in case things turn violent?

Posted

1. There is no set rule and visa to visit child is always suspect. I believe a letter signed by mother inviting you to visit and explaining you provide support might be helpful. Am not sure custody paper will work - as child would be expected to be with you in that case.

2. She can do anything she wants. But I believe her chance is even (much) less than his.

3. He could find himself in jail for use of force anywhere in the world I suspect. He would need legal consul.

Posted
1. There is no set rule and visa to visit child is always suspect. I believe a letter signed by mother inviting you to visit and explaining you provide support might be helpful. Am not sure custody paper will work - as child would be expected to be with you in that case.

2. She can do anything she wants. But I believe her chance is even (much) less than his.

3. He could find himself in jail for use of force anywhere in the world I suspect. He would need legal consul.

lopburi,

The OP mentions that he wanted a multi entry visa.

I think I am right in thinking that he will not get one as 1)he is below 50yrs old and 2)he is not married to the mother.

I know that I fit all the financial requirements and I have all the court papers showing I have sole legal custody of my son, however as I am below 50 and not married, I only ever receive a 3 month single entry when I go to Singapore.

Is this correct in your experience?

Posted

Yes and he already tried Singapore and found that out. I don't believe he is likely to have better luck elsewhere in the area, but if he does it will probably require a heartfelt letter from his ex rather than anything else.

Posted (edited)

Bring

1)Passport

2)2 Photo

3)Airline Ticket to Bangkok

4)marriage Certificate

5)Bank Statement shows you got 400k THB in account

Thats all

Edited by tytus
Posted
Bring

1)Passport

2)2 Photo

3)Airline Ticket to Bangkok

4)marriage Certificate

5)Bank Statement shows you got 400k THB in account

Thats all

He is not married!!

Therefore he will only get 3 month single entry, and even then he will need to provide court papers, showing custody or proof of taking care of his child.

Posted
Bring

1)Passport

2)2 Photo

3)Airline Ticket to Bangkok

4)marriage Certificate

5)Bank Statement shows you got 400k THB in account

Thats all

He is not married!!

Therefore he will only get 3 month single entry, and even then he will need to provide court papers, showing custody or proof of taking care of his child.

Is he a PR of HK? Has he stayed there for 7 years? If yes, he can get an APEC card and not need to worry for the next 3 years.

Posted

And if he gets a single entry 90 non-o visa, that will help out with his problem with the 90 day in 6 month rule. He could get a re-entry permit prior to leaving Thailand and he could use that visa for 3 months.

Posted

Sorry but I have to ask why, if he has paid his ex wife off with a large sum of money, that the baby and corresponding paperwork is not with him ?

From a legla point of view, I think he would be able to get a copy of the court order for sole custody and once he had that, take posession of the baby and leave for Hong Kong. As the registered father and sole guardian, i do not think the mother can do anything to stop him though it may be advisable not to specifically tell her what you are going to do, especially with her relations and other bribable people around.

Posted

Thank you for all the reply. I started this inquiry for my best friend. When he and his Thai wife got divorced, the wife first refused to give custody to him, but after she had some consultation with her family, they decided to extort him money in exchange with the custody, 2.5 million bhats wired to her by 3 intervals, finally she signed the custody paper at the city registartion office.

There were 2 copies, he was trying to take her back to HK a few times, but mother cried and beg him to stay with the baby til 1 year old, out of compassion, he agreed and let the ex wife stay with the baby, my friend also pays the rent for a high class 2 bed room apartmernt for them to stay comforatbly, and his whole heart is hanging here in Thailand even he is working as a chief of a international financial consultancy in HK, he has to cut work each month and be with the baby almost half of the month to come see her. I can tell he is angushing on what to do with the ex wife. The wife secetly took both copies of custody paper, and when he asked for it, she always said she keeps them upcountry and will return them next time.

So to my observation, I think the ex wife will not give up the baby without a fight even she signed the custody paper after receiving 2.5 mil bahts. I and him have gone to the lawyer here secretly to ask for advice, seems like Thailand does not have a strict rule on custody law, especially international custody. Even he has the right to the child, and the Thai wife later regrets, that can become an endless battle to get the child out. The police will not enforce anything, the lawyer advises not to use legal mean, but use softer tender approaches. The point is even with all the legal paper, if the other spouse refuses to let the child go, it will be a problem in Thailand, because there is no strict enforce of child custody measure, especially involves foriegners, it can take forever if it becomes a legal battle, and finaaly if the ex wife loses, she can just escape to upcountry, then may not be seen again.

This scenario haunts my Danish friend, thats why he cuts 2 weeks of work to see the baby in Thailand. He thinks he might have to do this for another while, until he can pursuade ex wife or get a chance to take the baby away peacefully. The ex wife also paranoid about him taking baby away, when he takes the baby for a walk, she has to go too.

About the 1 year multiple visa , my friend said some travel agencies in HK said they can arrange it through some Thai consulates in US or Britian, they said they are familiar with a few branches and don't need any paper, so seems like no problem getting visa, now for him the biggest problem is how to take the child back to HK peacefully.

Posted (edited)

While your pal is probably a great bloke with the best of intentions, you can understand the reluctance of the Thai authorities to help him. He wants to take the child away from its mother, probably permanently since Mum probably can't afford the flights to Hong Kong, on the grounds that he's paid 2.5M for the kid. To live with his new wife while he works full time?

A snowflake's in hel_l I would think, unfortunately for your friend.

Edited by cocopops

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