Divorce With A Thai Husband

[Enkeli]

My farang friend is in divorce process with her Thai husband. They have 2 children - about 8-10 years old. Ex-husband and his family try their best to separate my friend from her children.

No decision has been made by the court so far (final hearings will take place in April), but the ex allows my friend to see her children only 2 hours per day maximum, they do not allow her to enter the house - she has to spend her time with them in a frying pan hot garage. My friend is sure that the kids have been threatened not to go out with her - she can tell it from the fear in their eyes when she suggests go to her place or somewhere else together. No way they would go.

In previous hearings in Thai court they listened to her (she does speak excellent Thai} only once - when representative from the embassy was there. On other days they scripted everything exactly as her ex-husband put it. I don't know details but she has a lawyer who is not helpful.

My friend is desperate that she will lose her children. How can she protect her rights to be the mother of her half-Thai children now and after divorce? Who can help her?

[Boo]

I'm confused as to why she has accepted this set up so far, as the mother she has equal rights under thai law unless the court has put this access order in place?

TBH, as the wife of a thai man I would never allow my in laws to dictate when & if I could see my children but then they would be living with me in the first place & the first sign of asslike behavior from my husband or his family would see my kids on plane back to my home country whilst the divorce & access got sorted, but then that's me, they would need to kill me or cut off my arms to get my son away from me. But as we don't' have all the info in your op I'll give her the benefit of the doubt & assume that there is some really really good reason why she hasn't kicked their door in & taken her kids back.

[Goinghomesoon]

Firstly I would suggest she read the recent thread posted here about one person's experience with the Thai family court system as it is a very good and informative read www.thaivisa.com/forum/International-Child-Custody-Issues-t222371.html

Secondly has your friend involved the Dept of Social Development & Welfare? If the children are being deprived of adequate contact with either parent then they may be helpful and they have English speaking social workers (at least in Bangkok).

[Mario2008]

As long as the court hasn't rules, your friend has costudy over the children, meaning nobody can keep her away from her children. Only her husband can, if he is present. If he is not present, the mother can just take the children with her.

Section 1567. (Thai civil code)

A person exercising parental power has the right:

(1) to determine the child's place of residence

(2) to punish the child in a reasonable manner for disciplinary purposes;

(3) to require the child to do such work as may be reasonable to his ability and condition in life,

(4) to demand the return of the child from any person who unlawfully detains him.

[Sheryl]

. I don't know details but she has a lawyer who is not helpful.

That's a huge problem to which there is only one siolution: get a new lawyer and the sooner the better.

Suggestion to involve Social Services also good.

Is he husband/is family well connected/influential;? This could also be a facotr. in any case the only way to combat that is via a good attorney.

[Enkeli]

. I don't know details but she has a lawyer who is not helpful.

That's a huge problem to which there is only one siolution: get a new lawyer and the sooner the better.

Suggestion to involve Social Services also good.

Is he husband/is family well connected/influential;? This could also be a facotr. in any case the only way to combat that is via a good attorney.

Probably they are influential.

I got a bit more of the story. 1 year ago my friend had to go back to her country to solve some family matters. She had to stay longer than planned. When she was back home inThailand, her husband told her - I divorced with you and showed her papers from the court! My friend was completely shocked, because before her departure to her country there was no single sign from her husband about divorce. But! During these 10+ years of their marriage her husband's family never approved her and wanted him to separate - that's where the wind blows from.

So then she made a contra attack and those papers were cancelled. Now they are in the new process and my friend is afraid they will put it in their way again.

Another point is that during her 10 family years in Thailand her husband didn't alllow her to work - it was a matter of status for him that his farang wife is at home taking cate of the children and teaching them languages and Western manners. Now it's his strongest argument that she does not have personal savings to support the children. Only not long ago she found a permanent job and her pay is not high. She rents a studio and lives alone.

I'm not sure if my friend has any relatives back in her country to go stay with.