Frustrated - Can't Seem To Get Correct Info From Amphur

[stament]

Hello,

We've been trying in vain to get some information from the Amphur about my wife getting sole custody of her son. She divorced her son's father 2 years ago but apparently they have joing custody as no agreement was made regarding sole custody (so my belief is that joint custody prevails). This seems further evidenced by the fact that she tried to change her son's name last year but was told this was not possible.

I have read many posts on here that says providing the father consents the local amphur can provide sole custody without the need to go to court. He is perfectly happy to do this and indeed has already signed a consent to travel form (for obtaining passport). However, from reading TV it appears my wife needs a sole custody order if we are to be successful in our bid for a UK settlement visa. The consent to travel will only suffice for a tourist visa.

I'm finding it very frustrating that some amphurs seem to be able to issue this but our local amphur Lee and indeed Chiang Mai say repeatedly that this is NOT possible and that we must get a court order (even though the father consents). I don't mind going to court if this is the only way but time is off the essence and it will delay us considerably, plus we will have the additional lawyers expenses.

Please help!

Thanks

Yours frustratingly

Stam

[sumrit]

The Kor Bor 14 document you asked about in another thread is something the British Embassy seem keen on seeing at the moment for child visa applications but, I believe, it's actually used for confirming responsibility not sole custody. We needed it to get a passport for my stepdaughter, and the Embassy also asked for it as part of the proof of 'day to day responsibility' for her. My wife hadn't legally married her daughter's father so she already automatically had sole custody of her daughter and this was included in the Kor Bor 14 statements. The British Embassy didn't ask us for any further proof of custody.

Having been through a divorce at an Amphur in Thailand previously (didn't have any children) I know that custody of children is part of the process, along with finance and property, and I was told that whatever was agreed and signed at the Amphur could only be changed in a court, whether it be about children, finance or property.

Do the UK immigration rules insist on sole custody? I know it's a different country but my wife's cousin married an Australian and I think she just needed to get permission from her daughters father to take her to Australia. She didn't have to change any custody agreements made when they got divorced.

[lungbing]

We had exactly the same problem in Khon Kaen as the original poster. We went back and forth between the amphur office and the court office. In the end the court officer said it could be done with the father's consent (he was traipsing backwards and forwards with us) and gave us his phone number. Back to the amphur, rang the court officer and let the amphur man talk to him. The amphur man still refused to do it. (possibly seeking 'fragrant grease' ? He didn't get it)

So in the end we used a solicitor which delayed things but admittedly made it easy. Just a brief appearance before a judge in his office, not court, a brief interview, including my wife's daughters who were only 7 and 8 at the time, and it was done.

Back to the amphur and it was a doddle. They amended the original divorce settlement and sent my wife outside with the master copy to get it copied!

After that as my wife now had sole custody passports were no problem, and then we changed the girl's surnames as they no longer wanted to use their father's as he had always wanted nothing to do with them. The girls changed their surname to my wife's maiden name rather than mine knowing how the Thais are suspicious of foreign names.

So although, yes, everybody will tell you you can get sole custody with the father's consent, the amphur won't do it. I can't remember the cost of the solicitor but it was easy and not expensive and eased everybody's mind to have it official.

[stament]

We had exactly the same problem in Khon Kaen as the original poster. We went back and forth between the amphur office and the court office. In the end the court officer said it could be done with the father's consent (he was traipsing backwards and forwards with us) and gave us his phone number. Back to the amphur, rang the court officer and let the amphur man talk to him. The amphur man still refused to do it. (possibly seeking 'fragrant grease' ? He didn't get it)

So in the end we used a solicitor which delayed things but admittedly made it easy. Just a brief appearance before a judge in his office, not court, a brief interview, including my wife's daughters who were only 7 and 8 at the time, and it was done.

Back to the amphur and it was a doddle. They amended the original divorce settlement and sent my wife outside with the master copy to get it copied!

After that as my wife now had sole custody passports were no problem, and then we changed the girl's surnames as they no longer wanted to use their father's as he had always wanted nothing to do with them. The girls changed their surname to my wife's maiden name rather than mine knowing how the Thais are suspicious of foreign names.

So although, yes, everybody will tell you you can get sole custody with the father's consent, the amphur won't do it. I can't remember the cost of the solicitor but it was easy and not expensive and eased everybody's mind to have it official.

Thanks for the reply.

How long did it take - are we talking months?

[lungbing]

No, a couple of weeks, three at the most. Just enough to get the solicitor, get a date fixed to see the judge and go back to the amphur with the resulting paperwork. Fortunately the girls' natural father was able to make the appointment with the judge.

[ThaiVisaExpress]

Try our Thai office maybe they can help you just a thought we deal with these daily.