Thai Woman Wants Legal Custody

[Laulen]

Background: My wife divorced her first husband, a Thai citizen in 2001. Under Thai law he has legal custody and responsibility for any children, and the divorce papers have been signed stating this.

Now, my Thai wife would like to look after her son, with me as step-father. I am happy with this. Her first husband has no objection to his son going to live in the UK with his mother, and being brought up there.

British Embassy has stated that there will be no problem in the granting of a Settlement Visa for a dependent child under the age of 16 (he's 7).

Question: Can my wife legally take her son to the UK, or does she first have to change the divorce papers to become legally responsible (the legal guardian') for her son?

This is really an issue of Thai law, not UK law, so I have found great difficulty in obtaining advice. Hope you can help!

Thanks.

[Richard W]

British Embassy has stated that there will be no problem in the granting of a Settlement Visa for a dependent child under the age of 16 (he's 7).

<{POST_SNAPBACK}>

Either they lie, or there are other cicumstances causing them to view the case favourably. Being 7 rather than 15 may be relevant; conceivably his sex may also be relevant.

The last time I looked, the official British policy is not to recognise Thai awards of custody. It seems however that evidence of legal custody is required but not sufficient. The relevant condition is that your wife 'has had sole responsibility' for the boy; a year ago I received the legal advice from one of the adjudicators that 'no-one knows what this means'!

How will your wife exercise custody if the visa is refused?

[eddie11]

Background: My wife divorced her first husband, a Thai citizen in 2001.  Under Thai law he has legal custody and responsibility for any children, and the divorce papers have been signed stating this.

Now, my Thai wife would like to look after her son, with me as step-father.  I am happy with this.  Her first husband has no objection to his son going to live in the UK with his mother, and being brought up there.

British Embassy has stated that there will be no problem in the granting of a Settlement Visa for a dependent child under the age of 16 (he's 7).

Question: Can my wife legally take her son to the UK, or does she first have to change the divorce papers to become legally responsible (the legal guardian') for her son?

This is really an issue of Thai law, not UK law, so I have found great difficulty in obtaining advice.  Hope you can help!

Thanks.

<{POST_SNAPBACK}>

First of all she has to get sole custody of her son ,this should be done in the court in the local amphur. This should be straight forward enough as the boys father is happy to cooperate.A lawer should be able to sort it out.

Went through this 2 years ago

[Laulen]

British Embassy has stated that there will be no problem in the granting of a Settlement Visa for a dependent child under the age of 16 (he's 7).

<{POST_SNAPBACK}>

Either they lie, or there are other cicumstances causing them to view the case favourably. Being 7 rather than 15 may be relevant; conceivably his sex may also be relevant.

The last time I looked, the official British policy is not to recognise Thai awards of custody. It seems however that evidence of legal custody is required but not sufficient. The relevant condition is that your wife 'has had sole responsibility' for the boy; a year ago I received the legal advice from one of the adjudicators that 'no-one knows what this means'!

How will your wife exercise custody if the visa is refused?

<{POST_SNAPBACK}>

Thanks Richard for this. I'll let my wife know. Her young son is currently being looked after by her mother. I don't know the answer to your question if the visa is refused, although my wife will be most upset. She may even want to return to Thailand.

Regards,

Laulen

[Laulen]

Background:

This is really an issue of Thai law, not UK law, so I have found great difficulty in obtaining advice.  Hope you can help!

Thanks.

<{POST_SNAPBACK}>

First of all she has to get sole custody of her son ,this should be done in the court in the local amphur. This should be straight forward enough as the boys father is happy to cooperate.A lawer should be able to sort it out.

Went through this 2 years ago

<{POST_SNAPBACK}>

Thanks Richard W

Your reply is interesting. Did the whole process cost 'an arm and a leg' and how long did it all take? I have heard that lawyers in Thailand can take a very long time, like those in most other countries, to do the paperwork.

Was your situation an 'amicable' process, and were there any particular reasons for going down the legal route, given the fact that the British Embassy apparently don't recognise such arrangements?

Regards,

Laulen

Life is half spent before we know what it is.....George Herbert

Edited April 14, 2005 by Laulen

[the scouser]

Hi Laulen,

If the British embassy has indicated that the visa should not be a problem, then this is unwise of them. A requirement of your step-son getting the visa is that the parent applying to take him to the UK (your wife) has to demonstrate that they've had sole responsibility for the child's upbringing and, from what you've posted, this isn't the case. It is possible that the visa officer would perceive a change of custody as being an expedient way of getting the child into the UK.

Scouse.

[eddie11]

Background:

This is really an issue of Thai law, not UK law, so I have found great difficulty in obtaining advice.  Hope you can help!

Thanks.

<{POST_SNAPBACK}>

First of all she has to get sole custody of her son ,this should be done in the court in the local amphur. This should be straight forward enough as the boys father is happy to cooperate.A lawer should be able to sort it out.

Went through this 2 years ago

<{POST_SNAPBACK}>

Thanks Richard W

Your reply is interesting. Did the whole process cost 'an arm and a leg' and how long did it all take? I have heard that lawyers in Thailand can take a very long time, like those in most other countries, to do the paperwork.

Was your situation an 'amicable' process, and were there any particular reasons for going down the legal route, given the fact that the British Embassy apparently don't recognise such arrangements?

Regards,

Laulen

Life is half spent before we know what it is.....George Herbert

<{POST_SNAPBACK}>

Wife paid around 15,000Bht

Took around 3 days .

Can be done cheaper but you have to know the ins 'n' outs of the process.

Ours was an amicable process.

[eddie11]

Background:

This is really an issue of Thai law, not UK law, so I have found great difficulty in obtaining advice.  Hope you can help!

Thanks.

<{POST_SNAPBACK}>

First of all she has to get sole custody of her son ,this should be done in the court in the local amphur. This should be straight forward enough as the boys father is happy to cooperate.A lawer should be able to sort it out.

Went through this 2 years ago

<{POST_SNAPBACK}>

Thanks Richard W

Your reply is interesting. Did the whole process cost 'an arm and a leg' and how long did it all take? I have heard that lawyers in Thailand can take a very long time, like those in most other countries, to do the paperwork.

Was your situation an 'amicable' process, and were there any particular reasons for going down the legal route, given the fact that the British Embassy apparently don't recognise such arrangements?

Regards,

Laulen

Life is half spent before we know what it is.....George Herbert

<{POST_SNAPBACK}>

Wife paid around 15,000Bht

Took around 3 days .

Can be done cheaper but you have to know the ins 'n' outs of the process.

Ours was an amicable process.

<{POST_SNAPBACK}>

the 15,000 Bht was expensive but due to work commitments back in the UK

it had to be done ASAP, so the wife used the first lawer she contacted.

So shop around !!

Good luck

[Laulen]

Life is half spent before we know what it is.....George Herbert

<{POST_SNAPBACK}>

Wife paid around 15,000Bht

Took around 3 days .

Can be done cheaper but you have to know the ins 'n' outs of the process.

Ours was an amicable process.

<{POST_SNAPBACK}>

the 15,000 Bht was expensive but due to work commitments back in the UK

it had to be done ASAP, so the wife used the first lawer she contacted.

So shop around !!

Good luck

<{POST_SNAPBACK}>

Thanks Eddie,

I'll just have to work a little harder to raise the cash before my wife returns to Thailand to see her son and mother! When this is all over, it will seem to be a minor miracle has taken place!

Regards,

Laulen

Edited April 19, 2005 by Laulen

[Laulen]

For those of you who may be considering helping your spouse to have their child live with them in the United Kingdom, I have just received (9 May 2005) this informative and authoratitive reply from the Visa Clearance Office, British Embassy, Bangkok.

I hope it helps you, as it has me.

Child Settlement

You should be aware that immigration requirements for Child Settlement are dependent on the age of the child and the nature of any compelling family circumstances.

As a general guide you should submit the following documents together with a completed Application Form VAF2.

Passport and One recent photograph. This should be:

Taken against a light background

Clear and of good quality

Printed on normal photographic paper

Unmounted - 45mm x 35mm in size.

Full face (without sunglasses and normally without a hat or other head covering, unless the applicant wears such items for their religious belief or ethnic background).

Original Birth Certificate, together with English translation.

Confirmation of sole custody and responsibility from the Amphur (District Office) with certified English translation. If the mother has been divorced from the father, she should provide evidence showing that she has sole custody.

Evidence that the parent has been financially responsible for the applicant and has maintained contact during their time in UK (e.g. telephone bills and exchange of letters).

Proof of support and accommodation with description of said accommodation.

Photocopy of applicant's parent's passport showing that he/she has Permanent Leave to Remain in the United Kingdom.

The current fee for this application is Baht 20,800. This figure is set in Sterling and is subject to exchange rate fluctuations.

If an interview is required the applicant and parent or guardian must attend this office in person. The waiting period for an interview date (should a full interview be required) is approximately 10 weeks from the date of submission.

The application may be submitted by post with a request for an interview date.

Visa Section office hours for submission of applications is Monday-Thursday 07.30-09.30 and Friday 07.30-10.30.

If you require any further information, our web-site address is www.britishembassy.gov.uk/Thailand

Regards,

Laulen