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Posted

Hi i am sorry if this is in the wrong place but i was not sure where out to post.

I am married to a Thai living in the UK.

We have been married for 14ish months.

We have a 13ish month old child.

Over the past six months I have increasing problems with my wife to a point where i have decided to see what options are available to me if we divorce.

I want to know what if any thing i can do with relation to the fact that my wife leaves and takes my daughter to thailand ?

Can I have something drafted to allow me access rights?

I would like custody but at the moment 100% would not be possible?

What sort of things should I put in place to make it easier to gain custody in the future?

Unfortunately some of the traits that my wife has now shown I am sure that she will do every thing in her power to use my daughter against me so I need to be sure where I stand

any advice gratefully received

Bread

Posted

If the wife and kid move back to Thailand, a agreement on access to the child would probably not carry much weight.

The divorce is the moment to arrange for the custody over the child. No judge will change that at a later date, unless there are very good reasons to do that because of the welfare of the child.

Get advice from a lawyer regarding your options. Not sure if you can get an injunction for your wife to take the child abroad. I normally advice against getting such injunction, as it will seriously affect the relationship with your wife. That in turn will have is effect the relationship with your child.

Posted
If the wife and kid move back to Thailand, a agreement on access to the child would probably not carry much weight.

The divorce is the moment to arrange for the custody over the child. No judge will change that at a later date, unless there are very good reasons to do that because of the welfare of the child.

Get advice from a lawyer regarding your options. Not sure if you can get an injunction for your wife to take the child abroad. I normally advice against getting such injunction, as it will seriously affect the relationship with your wife. That in turn will have is effect the relationship with your child.

I think that before any divorce proceedings start you can get your child made into a "ward of court". In layman's terms this means that she cannot take your child out of the country without a court order. I don't know the actual physical barriers to leaving i.e. on a computer list at the airport. It does mean that if you came home and found her missing then you can phone the police and they will act on your behalf if you have reason to believe that she is trying to leave the country because she has now broken the law.

Posted

ok, i understand i think I shall have talk to the lawyers shame that it has come to this but it has.

I wonder if it would be better to allow my wife to return with nothing set up as I here that the law is slightly more in favor in thailand towards men is this true ?

any way thanks bread

Posted
Not sure if you can get an injunction for your wife to take the child abroad. I normally advice against getting such injunction, as it will seriously affect the relationship with your wife.

Almost - you can get a prohibited steps order under the Children Act 1989, the prohibited step here being not to take the child out of the jurisdiction without consent. But, you're right, the issue of the application to court usually worsens the relationship between the parents. However, it's all about what is best for the child at the end of the day.

Posted

I don't know what the OP's intentions are in relation to his wife, i.e. whether relations have reached such a point that he wishes her to return to Thailand whilst the child stays in the UK, or whether he is ambivalent to her remaining in the UK. However, that she has a child who is a British citizen is, as likely as not, going to facilitate her staying in the country.

Scouse.

Posted
ok, i understand i think I shall have talk to the lawyers shame that it has come to this but it has.

I wonder if it would be better to allow my wife to return with nothing set up as I here that the law is slightly more in favor in thailand towards men is this true ?

any way thanks bread

You could allow her to return to Thailand and divorce there, with both agreeing to have joined custody. If both are in agreement, it is a very simple process.

Not sure if you married in Thailand or in the UK, which could complicate things a bit. Also if property is involved in the UK things might get more complicated.

Thai law is not in favor of the man.

But the first step is always to mend things and maybe try counseling. Be sure you can't work it out and a divorce is the best option before you proceed.

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