Custody

[wkrolph]

Hi,

I've been on here and posted before. I have also been speaking with S. from Isaan Lawyers and think that I will get them to help me out. But I was just wondering if anyone had any experience with theh following.

I am a Canadian and my husband is Thai. We were married in Thailand. I came home to Canada and gave birth to my now 4 month old son. My husband's name is on the Birth Certificate but he was never registered with the thai govt.

My husband was here in Canada at the time of the birth but left us two months later. He has not contacted us in 2 months time. I am considering a divorce but the more important thing is that I gain full custody of our son. Because we were married in Thailand I gather that I should go there to get the divorce, hopefully by agreement and also try to get my husband to sign over custody to me.

I guess I'm just wondering what to do if he doesn't agree to it. I'm assuming I would have to wait the minimum 3 years then file for divorce in Thailand? Or wait 1 year and file over here in Canada. I am thinking about going over in April to try and sort everything out in Thailand with my husband. I will not take my son with me because I don't want to have issues over there. I will only be there for a week. Does any one have any suggestions? If he does sign then will these documents be sufficient for custody here in Canada? Would I be able to travel with my son without my husbands permission in that case?

Any advice relevant to this topic would be greatly appreciated.

[Mario2008]

You already have a lawyer, so any questions should be directed to him. I think you can trust Isaanlawyers, they are specialised in family law.

You should be able to get divorced in either of both countries. A divorce in Thailand might be the easier, because here you can do it by mutual concent at the amphur. You can then also register who will have custody over your child, this will be recognised by the Canadian government. Note that the matter of who has sole costudy is a completely different matter. You can file for sole costudy without getting divorced.

Indeed do not take your child with you to Thailand. Currently you both have custody and under Thai law your husband can just take your child away from you.

With sole costudy you do not need the fathers permission to travel. You can also register the birth at the Thai embassy and apply for a Thai passport. (Might be a bit problomatic without papers from the father, like his ID-card and household registration. Contact the embassy to see what you need and take care of the papers when you talk with the father).

As said, your lawyer will know best. I would trust his advice over mine.

[idrankwhat]

You are a Canadian citizen as is your child. I'm sure it is not much different than the laws in the USA the mother gets the child especially if the father abandoned you both. As far as Thailand goes they have no say as the child is a Canadian citizen. I'm guessing you don't need a lawyer to figure that out.

[Mario2008]

The child has Canadian and Thai nationality, as the father is Thai.

[wkrolph]

The child has Canadian and Thai nationality, as the father is Thai.

Thanks guys. Acutally I have not hired a lawyer yet but when i do it will be with Isaan. I am Canadian by the way and my son has never been out of Canada. I'm assuming that if I don't take him out or to Thailand that the government of Thailand cannot simply ask that he be taken there (worst case scenario). I think I'm just paranoid and am trying to do everything to make sure that he can stay with me here. I am trying to get my husband to agree to divorce and to me keeping my son but I think he will protest as it will be extremely difficult for him to see his son if we are living on opposite sides of the earth. He doesn't have much money to travel either.

Just a question about the custody thing. I have heard that it's extremely diffiuclt to get "sole custody" .... it sounds like you know of an easier way since you mentioned you could "just file before a divorce"....

any ideas?

Thanks

[Mario2008]

When getting divorced in Canada it will be normal that only one parent gets sole costudy, in Thailand that might be slightly more difficult. But considering the child will live in Canada and the father in Thailand a judge will see sole custody as the best option.

If te fahter has disapeared and you need to make dicissions that require his consent, you might be able to file for sole costudy on that ground without being divorced.

The easy why I mentioned is getting to an agreement with the father. If the fahter agrees you can settle the divorce and sole costudy issue very easy at the amphur, without going to court.

[torrenova]

I would suggest that irrespective of any decision in a Canadian court, should he child be taken to Thailand, the Thai father would likely be able to abduct the child and leave the mother with very little recourse. For that reason, I would have the father agree to settle amicably at the amphur. He may well want a pay off as no doubt someone will encourage him to put his hand out.

[CWMcMurray]

Just curious, but is it even necessary to go to Thailand at all?

As another poster mentioned you can get divorced in either Thailand or Canada it shouldn't make a difference.

If the child has never left Canada can't you just wait for a bit longer and then file for divorce based upon abandonment.

Why jump through all the red tape and hoops and additional expense of flying to Thailand.

Given you present situation it is very likely that if you divorced in Canada you would get full custody and also a judgment for child support (even if you are unlikley to actually see this).