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Posted

8 year old Ricardo Chain Pon Choosaneh was reported kidnapped on the 29th of April from the Netherlands after his biological mother violated custody arrangements in a visit from Thailand. The father has custody of the child and the child have lived in the Netherlands from he was nine months old.

The young boy does not speak the Thai language. He is belived to be in Phuket as his biological mother have family and friends there.

Do a Google search on the boys name to see a more complete write up.

Various links and photos of the kid;

MIssingkids NL

Telstar-online

Vermist

Posted

Let's hope he is found soon.

According to one of the websites mentioned, he is probably still in The Netherlands BTW.

Posted

From the US state-department:

GENERAL INFORMATION: Parental Kidnapping is not a crime in Thailand and Thai authorities will not issue a warrant or become involved should one parent take a child without the other parent's authorization. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Thailand, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

http://travel.state.gov/abduction/country/country_528.html

That goes also in case of a parental abduction from the Netherlands by a Thai parent. If the child is now staying in Thailand with his mother, it is here staying legally and the police will not act. It is now a custody question, if the father files for (sole) custody in a Thai court that is, but not a parental kidnapping case.

Posted
From the US state-department:
GENERAL INFORMATION: Parental Kidnapping is not a crime in Thailand and Thai authorities will not issue a warrant or become involved should one parent take a child without the other parent's authorization. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Thailand, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

http://travel.state.gov/abduction/country/country_528.html

That goes also in case of a parental abduction from the Netherlands by a Thai parent. If the child is now staying in Thailand with his mother, it is here staying legally and the police will not act. It is now a custody question, if the father files for (sole) custody in a Thai court that is, but not a parental kidnapping case.

agree

and the kid borne in LOS can probably have a thai passport issued, if the custody case is outside LOS only. if the kid is here with his mum, he is legally here and only a thai custody court case can do anything about that

Posted
Let's hope he is found soon.

According to one of the websites mentioned, he is probably still in The Netherlands BTW.

How could the child leave the country w/o passport?

No European borders..

Thai mother takes the child to France, uses birth cert to get a new passport.. Runs here with him..

Tho I am not sure if they can call it kidnapping when the biological parent does it.. Thai laws dont work that way.

Posted
From the US state-department:
GENERAL INFORMATION: Parental Kidnapping is not a crime in Thailand and Thai authorities will not issue a warrant or become involved should one parent take a child without the other parent's authorization. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Thailand, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

http://travel.state.gov/abduction/country/country_528.html

That goes also in case of a parental abduction from the Netherlands by a Thai parent. If the child is now staying in Thailand with his mother, it is here staying legally and the police will not act. It is now a custody question, if the father files for (sole) custody in a Thai court that is, but not a parental kidnapping case.

agree

and the kid borne in LOS can probably have a thai passport issued, if the custody case is outside LOS only. if the kid is here with his mum, he is legally here and only a thai custody court case can do anything about that

But as theres no parental kidnapping, can the father not (if they find him) also come and simply take the child ??

You assume he has full legal guardianship already sorted.

Posted (edited)
But as theres no parental kidnapping, can the father not (if they find him) also come and simply take the child ??

You assume he has full legal guardianship already sorted.

Thats right. There is no such thing as a parental kidnapping. But is his biological mother a parent... Definately not.

I got some first hand experiance in how the police will act and legally its a good case for the father.

At this stage if a custody court order is not issued in Thailand its very much true in "who has him has him". Its is actually so true that who has him in his arms has him. You will be able to have the police to act in some way if you know where your child is though. They will go with you there but they will not hand the kid over to you. Also if you got him they will not take the child out of your arms. Anyone who actually intervenes and is touching the child against a mother or a fathers will can be held accountable in the court for their actions. This goes for family members, friends and also police officers.

At the scene in cases like this police officers feel very uncomfortable.

If a custody order is issued from before and they will act on behalf of that and give the child back to who the child should stay with.

But in the family courts of Thailand it will be different. It is a fair court system and where the security of the child and the well being of the child comes first. As of this boys age the voice of the boy will be heard in the court but it will not determine anything.

The court in Thailand will in my opinion give the child back to the father as he has taken care of him from the age of nine months. It all comes down to who has payed all the bills in the boys life. Food, schools, holidays, toys, hospitals etc. Financial situation of mother and father.

An important aspect here will be that boys life is in Netherland and not in Thailand. He doesnt speak Thai and is not feeling home here.

The family court in Thailand will not deny the father access to the child here so he will be with his father sooner or later. From there its possible to get him back home using various channels. If the mother is denying the father access in Thailand or hiding the boy she will at the end be imprisoned.

The sad thing is all the emotions and stress the boys mother is creating for the boy and his family in Netherland. The boy must have some terrible days in his life now being in a new country, with people he dont know and restrictions to where he can go and what to do. It wouldnt surprise me if he was held inside of a house or in a backyard and if moved around somewher, in a car with tinted windows. In all aspects the boys mother is only making it hard for herself. At some point she will have to deal with this and she will loose her son one way or the other.

Edited by Thunderbird4ever
Posted (edited)

Thai mother kidnapped 8-year-old boy from Delft

by Annelie Langerak

post-13995-1275743668_thumb.jpg Ricardo with his biological mother, one day before he was kidnapped

BANGKOK, Saturday

Justice is looking for an 8-year-old boy from Delft (The Netherlands) who is kidnapped by his Thai mother. Ricardo Chain Pon Choosaneh was taken in May, probably via France to Thailand.

Ricardo was born in Thailand, but came as a baby of seven months with his father, the 39-year-old Michael van Alphen, to the Netherlands, where he has lived all this time.

His father has custody of the child.

The biological mother of Ricardo, the 41-year-old Sumetra Choosane, arrived on April 25th in the Netherlands. Four days later she disappeared with Ricardo. The police suspect that she flew with him on May 3 from Paris to Thailand.

The so-called Central Authority of the Ministry of Justice, responsible for international child abduction, sent a letter to the Justice Department in Thailand on May 27 asking to take measures to ensure that the child returns.

Preconceived

Ricardo's father and his stepmother Kimberley Yong-Ching are very concerned about the welfare of the boy. "Ricardo does not speak any Thai or French, the only languages his mother speaks."

According to Van Alphen Sumetra had seen her son for the last time when he was three. "The kidnapping was a preconceived plan. Suddenly she wanted to see her son after all these years. "

According to the father she never looked back at her son. "In recent years I had occasional telephone contact with her, but she never showed much interest in her son. She has no motherly love. Ricardo sees Kimberley as his mother. She has cared for him since he was nine months old. "

The pair says Sumetra took her chance in no time.

"We left her in good faith for a moment alone with Ricardo. When we came back after half an hour, they were gone."

Van Alphen says that Sumetra let him know via a text message (sms) that she was staying with Ricardo for one night in The Hague because she wanted to spend some time alone with her son.

"I spent the whole night calling all all hotels in The Hague. I then heard from her just one more time. She said she had taken Ricardo, because it was her son also."

Presumably, the 8-year-old is currently on the holiday island of Phuket.

For reasons of privacy, the Justice Department does not comment on individual cases, said spokesman Patrick Mikkelsen.

The Thai authorities were unavailable for comment yesterday.

translated from Dutch to English:

From De Telegraaf

Saturday June 5, 2010

LaoPo

Edited by LaoPo
Posted

That’s another sad story. I wish there’s a way to bring him back to Holland asap.

Why is Thai law always different to others????

Good luck!!!

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