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Posted

Hi Folks

I don't know if there are any people from Austria out there or others with knowledge of their legal system.

Me and my girlfriend want to get married, the problem being my girlfriend is still married to an Astrian, he will not be in Thailand again for a long

time and has said then my girlfriend will have to travel to Austria if she wants a divorce.

But the issue we have is that my girlfriend has a child with the Austrian and he wants the child to travel too, she is worried that the legal system there will

enable him to take her child from her because she has a criminal record in Thailand. ANd also a Thai abroad can be like a fish out of water if there is no legal help.

The problem could be solved by her travelling without the child but the Austrian says he will fund the trip if the child travels too.

In England there is no way they could take the away from the mothers everyday custody if she stayed in the UK but they could make an injuction

not allowing the child to leave the country without acceptance of both parents.

I doubt if anybody can corectly advise but if you can then it would be much appreciated.

Posted

I know absolutely nothing of the Austrian legal system nor Austrian family law.

So all I can advise is that she leaves the child at home, and if this means her husband wont fund the trip then she finds some other means of doing so.

Where were they married? It may be possible for her to divorce him in Thailand without his presence, especially if they married in Thailand. But you would need to speak to a Thai legal expert about that, and also check if such a divorce would be valid in Austria as well.

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