Custody Of Child

[ArranP]

Hello,

In the UK, I understand that each parent has 50% responsibility/custody of their child. In Thailand, however I understand that the mother has 100% custody of the child?

For a child born between Farang and Thai in UK the child is therefore 50% custody/responsibilty between both parents, when the family moves to Thailand does it remain 50% between both parents or does the child become 100% the mothers custody/responsibilty ?

Regards

Arran.

Edited December 6, 2008 by ArranP

[Mario2008]

A lot of Thai people on't legaly marry and only hold a wedding ceremony, which is not a legal marriage. In that case the Thai mother has sole custody if a child is born, unless the child is legitimised (regocnised as his child) by the father. When legaly married both parents have custody by law.

[ArranP]

A lot of Thai people on't legaly marry and only hold a wedding ceremony, which is not a legal marriage. In that case the Thai mother has sole custody if a child is born, unless the child is legitimised (regocnised as his child) by the father. When legaly married both parents have custody by law.

When the marraige is carried out in the UK, is it recognised as a legal marraige by the Thai authorities also?

[Mario2008]

Yes, no problem.

[ArranP]

Yes, no problem.

Thanks Mario

[ArranP]

Yes, no problem.

Thinking about it, we were married in the UK, but I do not recall notifying the Thai authorities yet about the marraige. Do the UK authority contact the Thai authorities? How are Thai authorities notified of our marraige ?

[Mario2008]

The British government doesn't notify the Thai government, it is up to you to do that or not. You can notify the Thai embassy in London and inform them, or do this in Thailand when you move to here.

Look at the following webiste of the THai embassy in London (in Thai, so I hope it is the right information):

http://www.thaiembassyuk.org.uk/marriage_div.html

[torrenova]

Yes, no problem.

Thinking about it, we were married in the UK, but I do not recall notifying the Thai authorities yet about the marraige. Do the UK authority contact the Thai authorities? How are Thai authorities notified of our marraige ?

It is possible to get married in one country and divorced in another if both countries recognise the other's marriage legality. I did that with Japan and the UK. The countries do not tell each other about your marriage.

[ArranP]

The British government doesn't notify the Thai government, it is up to you to do that or not. You can notify the Thai embassy in London and inform them, or do this in Thailand when you move to here.

Look at the following webiste of the THai embassy in London (in Thai, so I hope it is the right information):

http://www.thaiembassyuk.org.uk/marriage_div.html

Contacted the Thai Embassy in London, they informed me my marraige has already been registered in Thailand, it would have been done when we registered at the Thai Embassy in London for our daughters Thai Birth Certificate and Thai Passport, apparently they do it the same time.

They told me the local district office of my wifes home town would have been updated with details of our marraige.

[DiscoCol]

My wife (been married for a month now) has a four year old daughter the father has had no contact and is not on the birth certficate. My wife has told me she can have my name place on the certficate would this in any way be legal when it can to appying for a settelment visa for the child?

Edited January 11, 2009 by DiscoCol

[JohnC]

You are opening up a can of worms! So when immigration ask you when you first met your wife and you say one/two/three years ago how do you explain the fact you are named as the childs father when you had not met? You say the father has had no contact, by whose choice? maybe he has been shut out of his childs life? its not unknown in UK. Also I believe (but not 100% sure) that the fathers permission is required to take their child permanently out of the country. Lots of questions that need answering, also what happens in say five six years time you and the mother split, she then comes after you for maintenance for "your" son ? Sometimes when we are in love we do not like to think of the "what if" situations.

Edited January 12, 2009 by JohnC

[Mario2008]

You are opening up a can of worms! So when immigration ask you when you first met your wife and you say one/two/three years ago how do you explain the fact you are named as the childs father when you had not met? You say the father has had no contact, by whose choice? maybe he has been shut out of his childs life? its not unknown in UK. Also I believe (but not 100% sure) that the fathers permission is required to take their child permanently out of the country. Lots of questions that need answering, also what happens in say five six years time you and the mother split, she then comes after you for maintenance for "your" son ? Sometimes when we are in love we do not like to think of the "what if" situations.

The father is not named on the BC, there for he is not the leagl fahter. Meaning he doesn't have any (parental) rights. Currently the mother has sole costudy over the child and she is the one who decides the place of residence of the child.

If DiscoCol legitimises the child he would be the legal father. For this he has to petition the court. As he isn't the biological father legitimisation can only be done with approval of the (Thai) court.

Edited January 12, 2009 by Mario2008

[DiscoCol]

Thanks for the very useful replies, gives me much to think about.

[Mario2008]

If you decide to go for it, don't worry. The process will take a few months, but it is higly unlikely the request will be denied. A judge will normaly regard it in the interest of the child to have a legal fahter.

[DiscoCol]

Ok guys need to ask another question.

When I did the visa for my wife we used an agent, at considerable cost. I now want to do a settlement visa for her child, I would like to know which forms I will need, also my wife has been told by the agent that I can go to Bangkok to "make paper for me to be papa to daughter". she doesn't know where or what this means and wont phone the agent unless I am telling the agent to deal with the visa.....

as I understand it only a Thai court can OK me a the daughters legal father, do I have to attend the court? or would my wife and a folder full of docuements be enough? I will be in Thailand for one week in July would this be enough time to sort out any Thai paperwork?

The daughters father has had no contact and my wife says she has papers to prove she is the sole provider. MY wife is here in the UK on a 2 year settlement visa.

[Mario2008]

I think this question is better asked in the visa for other countries sections.

For the question about Thai courts i advice you to contact isaan lawyers, they are a forum sponsor and you can find their banner on top of the page.

[torrenova]

My wife (been married for a month now) has a four year old daughter the father has had no contact and is not on the birth certficate. My wife has told me she can have my name place on the certficate would this in any way be legal when it can to appying for a settelment visa for the child?

You can avoid settlement visa questions altogether. If and I stress if, you were named on the birth certificate as the father of the child, then the child would be entitled to a passport from your country.

Now I don't know whether any amendment is made to the computerised birth certificate which you can have printed out as per the original at the City Hall in the province where the baby's birth was recorded (Bt20 in Pattaya) if the mother just turns up with you and says she forgot to put your name on the paperwork when little Jonny was born as you were out of the country and she didn't know how to spell your name and she didn't have your passport etc. blah blah

Now if this was done, would any date be changed on the birth certificate ? I suggest not. It could then be translated and off you go for the UK/USA/EU etc. passport.

I am not saying this is the way to go, but as a barrister knows the answers to the questions he asks of the witness beforehand (or should do), then asking what would happen if ....... scenario sat the local City Hall might fill in some of the blanks. This is Thailand. Has the missus some headman or police / politician figure someone in her family knows ?