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Serving Custody&divorce Papers


wkrolph

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I am applying for a divorce/custody from my country (Canada) because my Thai husband has been avoiding the issue. By Canadian law this is not a problem. My son has been with me in Canada since birth and has no ties to Thailand other than his father. However, I will need to serve my ex with the divorce & custody papers. I can easily send the papers to a process server in Thailand and I know where my ex is, but I am having problems finding a process server in Phuket to do the work. Are there not process servers in Thailand?

Would appreciate it if anyone can help or give me other ideas on how to serve him with the papers. It has to be done by someone and then verified at a lawyers office I think.

Thanks!

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There are process servers in Thailand. A lawyers office should be able to assist you.

Since this is Thailand, you can even pay the server to "not find" the subject so you can go to court uncontested.

True enough. sometimes the courts will require that you advertise three separate times in all the newspapers closest to his last known address; if that's the case, you will no doubt need to show the newspaper clipping with date - translated into English, certified in Canada. The courts will allow a "reasonable" time for him to answer - two to three months. If he answers, he will have the right to contest - as he would if the server actually found him - but given the cost to him of all the travel expenses and lost income (especially if there are delays :) ) he will probably waive this right by just not answering the ads or the summons.

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  • 2 weeks later...

Hi-

I am going through exactly the same thing from England! I left my thai husband nearly 4 years ago and my daughter has lived with me in England since then. We have no contact. Although I have his address he has not responded to 4 lots of divorce papers I have sent over (posted) so Im now in the process of serving him with papers through a process server in Thailand. The problem Im now having is the 'thai side' actually going through with it- the legal team over there have my papers and instruction of his whereabouts- but 2 months later plus several chasing emails I have no response! Would be very interested to hear how its going with you- or with anyone else who has a similar story. As my daughter is resident with me, and we have had no financial support from him or contact from his family, there will be no problem with custody. However I am concerned about the savings/ my house etc purchased following my leaving him, and earnt through my own hard work in creating a home for, and supporting my little girl.

With thanks!!

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