Legal Advice In A Family Problem

[Redhawk]

May someone can give an advice to this serious problem.

Having an 5 years old daughter with a quite strange mother. The mother often runs aways leaving everything behind her and comes back after a while, between 2 and 3 month.

On birth of the daughter the father obtained a fully approved paternity certificate after run through all the legal instances of the courts.

On the day of the issue of the paternity certificate the mother was vanished again and the officer at the amphur decided to give child custody to the father because the mother was away and did not show up on appointment this is also notified in the certificate.

After sometimes the family reunited.

For now she run away again and handed the daughter over to someone in the far neighbourhood.

Father found the daughter after 3 days and took her back home where the daughter lived for the follwing three weeks.

End of last week brother, uncle showed up and ask for permission to take his nice for a visit to her grandmother but the daughter was not returned to her father on the agreed time instead the mother has hauled the daughter into a pick up and rushed away on early sunday morning with no further notice to her own mother.

As the mother has left the daughter alone and she was already in the custody of her father till the day her uncle took her out for the visit and hasn't returned her to him what was his duty and responsibility how big are the chances to press charges against him regarding disobeying the duties in times he has the resonsibility for his nice and her return to home and if to the mother, as she left the child behind in custody and granted and took the child back more or less in style of kidnapping?

[LivinginKata]

Moved from Visa section to Family & Children.

[klikster]

Redhawk, FYI, this thread is referenced on the website of The Nation .. in the "Webboard" box.

[Mario2008]

Are we talking about joined custody or sole custody?

If he holds sole custody, nobody can take away the child from him and the uncle was in violation to give the child to the mother. If there is joined custody, the uncle didn't have any other option then to give the child to the mother, not to do so would have been against the law.

If he doesn't hold sole custody it might be better to apply for it as soon as possible. In the case that the mother is deemed a danger for the child this can be done in a few days time if here is enough evidence.

[Redhawk]

If he holds sole custody, nobody can take away the child from him and the uncle was in violation to give the child to the mother. If there is joined custody, the uncle didn't have any other option then to give the child to the mother, not to do so would have been against the law.

In time the mother showed up the uncle was out for business, the mother just snatched the daughter and rushed away with the kid when he was out, in time he came back the nice was gone, as he took over the responsibility when he picked up his nice for the visit it was his duty to return the daughter to her father, now anyone knows anything to the whereabout of the child. The case is going to the police today's morning.

Any part of the parents under joined custody has the right to know the whereabout of it"s child.

[Mario2008]

If he holds sole custody, nobody can take away the child from him and the uncle was in violation to give the child to the mother. If there is joined custody, the uncle didn't have any other option then to give the child to the mother, not to do so would have been against the law.

In time the mother showed up the uncle was out for business, the mother just snatched the daughter and rushed away with the kid when he was out, in time he came back the nice was gone, as he took over the responsibility when he picked up his nice for the visit it was his duty to return the daughter to her father, now anyone knows anything to the whereabout of the child. The case is going to the police today's morning.

Any part of the parents under joined custody has the right to know the whereabout of it"s child.

Thailand has no laws against parental abduction. Unless he holds sole custody there is not much the police can do. The person who holds custody over the child is entitled to determine the whereabouts of the child and can claim the child from anybody else.

[Redhawk]

In case of joined custody, the father knows the whereabouts of his daughter he could straight walk in and pick up his child, also of the mother's new home for example or seeing her walking the streets or at school?

[Mario2008]

In case of joined custody, the father knows the whereabouts of his daughter he could straight walk in and pick up his child, also of the mother's new home for example or seeing her walking the streets or at school?

Only the mother can prevent him taking the child, any other person has to hand over the child. The includes the grandmother or the nanny.

Entering someones home is probably out of the question, he will need to police to act in that case. But on the street he can just take the child.

[MikeyIdea]

Mario, please correct me if I'm wrong. This is not just obstinate thinking of me but I am asking for advise in what is probably is going to happen to me one day in the future

If the child is with the grand mother, then the father can video film when he goes and demands his child back, and if the grand mother refuses, then he can sue her for kidnapping the child. This regardless of if father has shared or full custody. Or if the word kidnapping cannot be used, please advice a better word.

OK, it may not totally clear long term problems but it closes the door for granny taking care of the child while mummy works in the future

[Mario2008]

You are correct in in that the grandmother would have to handover the child, regardless of the fact if you have sole or joined custody.

What the legal consequences are of not handing over the child I can't tell. You will have to ask a lawyer that.

While it might prevent granny from taking care of the child, it might also force to sue for sole custody and at least further worsen the relationship with the mother and be very stressful for the child. Forcing sole custody might or might not be in your interest.

[MikeyIdea]

Thanks