Keeping My Boy In Thai Egnoring Overseas Court Orders

[billwall]

i'm aforighner so is my yung boy i ended up here cuz i had no choice in my home country keeping my boy with me ..and dont know now if overseas court orders can take my boy from me here

Edited January 30, 2010 by billwall

[Caliguy]

I think what youre doing is called kidnapping.....

[Jdietz]

You just went from 'a shitty situation' to 'in deep shit'. Better turn yourself in before it really turns nasty.

[billwall]

its call perental kidnapping and i did that after my ex did it to me and taken my kids to her home country i won a court case then she did it 2nd time and after spending all my money in courts i given up and went on holiday's kids need ther mother and father but in my case i was used as a spurm doner and she was thinkin that i will just give up my kids

I think what youre doing is called kidnapping.....

[billwall]

it sure dont feel that way i have been here for 5 months now and things been good so far and as far as i can read on line perental kidnalling is not a crim in thai that was may last option .i have been to court to meny times and tho she has taken my kids without my concent to another country the courts there dident care so all i can do is try

You just went from 'a shitty situation' to 'in deep shit'. Better turn yourself in before it really turns nasty.

[Boo]

what nationality are you & your ex wife & kids?

This is important because although it is true that Thai law doesn't recognize parental kidnapping as a crime, I am led to beleive that this ONLY applies if the child/ren are considered thai citizens (as in one or both parents being thai).

If neither you or your wife are Thai & your children are both foreign too then I believe the law is different & the courts from your home country could ask the thai police to intervene in detaining you until they arrange deportation back to your own country.

I am sure one of the more legally updated posters will clarify or dispute this soon.

[Goinghomesoon]

Your nationality definately matters, particularly if your home country is a signatory to the Hague Convention on Child Abduction.

[Mario2008]

You don't give much information. if there is a court order stating the children should be in the care of their mother you are kidnapping them. An international arrest warrant can be issued and the Thai authorities can arrest you and extradite you, depending on if there is a treaty with your country. The child can just be send to the mother.

You probably would have more recourse in a country that is part to the European Convention on Human rights. In very, very exceptional cases they will ignore a foreign court order if it is evidently not in the interest of the child to be send back. The norm is that they will assume that the court in your home country did a proper job.

[dixonbm]

There have been a number of high profile cases similar to yours here in the US.

Recently an American/Brazillian boy was reunited with his American father after years of fighting in court with the boys grand parents and step-father. Before fighting them he fought the mother, but she died.

Also in the past year an American man was fighting his Japanese wife for custody. She too fled to her home country with the kids. The Japanese courts awarded her full custody and threw him in jail until he agreed to leave.

In both cases the american courts gave the american fathers custody and the Japanese/Brazillian courts gave the mothers custody in their countries.

You may be in a similar situation. If you are Thai you are most likely in the clear at least legally that is in Thailand. I'm sorry you are in a difficult situation. Best of luck to you and your family.

[Briggsy]

In his first post, billwall reveals he is not Thai. Sounding suspiciously like ***** and taking into account his spelling, we could speculate he is from Lewisham.

Edit: we are not going to speculate on the identity of someone - mario2008