Falang V.s Thai Part 1 and 2

[tinytot]

Hi there..

I am in a pickle with my Thai fiancee ! We are now in Australia and have baby together she wants to return to Thailand and not return and she is on a temporary visa at the moment, I am just wondering who would win custody of the child ! He was born in Bangkok but has Australian citizenship passport and his citizenship certificate.. I dont want to lose the little bugger just need some advice so i know where i stand.. Thanks heaps... tinytot

[sceadugenga]

Lawyer up dude.

[RakJungTorlae]

Yeah as she’s just on a temp and the nipper is a Aussie citizen then the law is on your side that’s for sure.

But stop and think about it for a while. Is that what you really want? Is your gf/wife poor back home? If so keep the kid there If she has money and can raise a kid with a little bit of your help. Sit down at the table and work things out. You can have more free time. Sounds all a bit stressful but try outsmarting her and make her think she has the upper hand. And see how things play out. she might have a change of heart.

Beats me dude good luck.

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[wasabi]

Lawyer, preferably a Thai speaking one. Thai's tend to obey figures of authority and what the law actually says won't even be needed. Such obedience comes from more senior high ranking Thai's. Most likely a middle aged Thai lawyer will accomplish this.

[Chang_paarp]

From what I have sen you have a better chance of getting "guardianship" in Thailand than in Oz.

Write a parenting plan that includes cultural education and regular visits to the extended family, keep a copy for the @##$^ Family Court in Oz. (Sorry bitter and twisted) This will soothe the way for future visits.

Make sure you have written permission to take the child out of the country, lodge a copy with the court in LOS and in Oz and keep a copy for when you travel. It can be part of the orders from the Thai court to give you permission to relocate the child to Oz.

This may seem extreme but worth the headache if you get a snotty immigration officer in Oz, they may refuse entry if hey think the child has been "kidnapped" as signatories to "The Hague Convention for the Rights of the Child" Oz immigration take these thing very seriously. The airlines and immi get information directly from the Family court, eg darling Ex tried to take our son from Perth to Brisbane without my permission (or the court), cost her an airfare and a trip the Family Court.

[samran]

thread cleaned up.

Please re-read forum rules, particularly rule three:

3) Religious or racial slurs, rude and degrading comments towards women, or extremely negative views of Thailand will not be tolerated

[tinytot]

I posted another post about this, I am not sure if people understand, We are living in Oz at moment, Asi said before the little fella has Aussie citizenship and she has onle a temp, I am the bread winner here putting food on table and everything she needs and pay for all bubs food and clothing and anything else he needs.. So as we are here and he has citizenship is it as easy as 123 to put her on a plane and send her back !! Or do i need to speak to family lawyer here, As she has Thai lawyer friends i am not sure if she goes maybe she will come back with the Posse trying to take little bub, I know i can take better care of him here than if he went back to Thailand and went up to village Issan, You know his scholing would be second to noe here and his future would be better.. Anyway i hope i have shedded a bit more light on my situation now so maybe i will get good news, I know someone said in other post get a Thai speaking lawyer but i am not sure if they were thinking i was in Thailand not Australia.. Ok Hope to get some positive replies... Cheers tinytot

[bendix]

Let me get this right? You're coming here for advice on how to effectively deprive your wife / GF of access to her son, by acting as a defacto immigration department and just deciding to 'send her back'?

Nice move. Quality.

As for your 'bub', getting 'second to noe scholing' [sic] in Australia . . . . . mmmmmmm. I'm curious. Where did you go to school?

[Chang_paarp]

A quick summary for you.

If you go to the Family Court in Oz the mother will get guardianship(not the way the law was written but reality), unless you can show the child will be neglected (she will go work in a bar may not be enough) or she agrees to your sole guardianship. If you read the form 6 relating to the living arrangements for the child you will be required to create a parenting plan. I would be very careful in creating a parenting plan for the court, make sure you include acknowledgment of the mothers heritage and culture. Also include that you would ensure regular contact through visits to the extended family. Pull out all stops show the difference in education standards, health care, your strong family bonds within your family, a good pro male social worker can help here (rare as hens teeth )

If you use the Thai system there is a good chance that you will get guardianship. If you can show that you are in position to provide appropriate care and support, again a parenting plan to show cultural understanding and you willingness to ensure the child maintains links with Thailand will help.

I hate to say it but in either country you will need a good lawyer for this, save your pennies.

If your soon to be ex is looking like doing a runner with the kid make sure she understands she cannot take the child out of the country without a letter from you or a court order giving her permission, she WILL be asked for it at immigration, or at check-in. Also keep the child's passport in a secure place.

[wasabi]

I suggested the Thai lawyer. I would try to handle all legal proceedings in Thailand as the law is likely to be more favorable and your Thai inlaws will feel more confident in the ruling, since it's not some big bad foreign country imposing their will. No matter where you settle this I don't see how it can be resolved without some legal help.

[sbk]

Topics merged, please do not post the same topic in different threads, thanks.