Child Custody

[barberman]

i am a father of two boys to a thai woman, we are about to separate, the boys have dual nationality and are british passport holders. I have fully supported my wife and sons and continue to do so. If i try to gain custody what are my chances knowing that the thai governmen could not enforce maintenance payments from myself and the boys would therefore suffer financial hardship if i was to refuse maintenance payments. In short have i any chance of gaining custody of my british citizen children?

[gregb]

Shared custody? Extremely good.

Sole custody? Probably difficult.

What exactly are you aiming for? The information you provide does not allow for any type of analysis.

[sarahsbloke]

Were you married to the Thai lady at a Thai Amphur office.

If so joint custody very easy, if you live in Thailand

If not married properly in Thailand you have no parental rights at the moment, and can only gain them through the courts.

[Mario2008]

If you divorce in Thailand, you have two options. Going to court and let the judge decide or if you both agree to the divorce and the terms you can go to the amphur and divorce and at the same time enter ay agreements you make regarding property, child support and custody of the children.

A Thai court will always give both parties custody of the children, with appointing one parent where the children will stay and the other having visitiation rights. The fact that yo are a foreeigner is of no concern, the court will decide based on what they think is in the best interest of the children. (Who is the best parent, not who has the most money).

Regarding maintenance payment, Thai law doesn't know alimoney, but it does know child support. Although it is normally not more than about 6,000 baht a month. There is an international agreement on child support and there are not many countries where you can hide to avoid paying.

[MikeyIdea]

As gregb says, you don't provide enough info to say. Give us all details and we can provide good help

How old are the kids now? Where and with who do they live now and how long have they done that? How long have they been separated from you? Do you have evidence of that you support the wife and kids? Who would the kids themselves want to live with? Who do you consider to be the best parent to take care of the children? Who does the mother consider to be the best parent for the children? How much will she fight you getting part time with the kids? How much time do you want? How much does the mother want? Can you and the mother still talk to each other and discuss this or does custody or possession of the child rather have to be decided by a judge? Mothers "money making capacity"?

I'll guess a bit You write "what are my chances knowing that the thai governmen could not enforce maintenance payments from myself and the boys would therefore suffer financial hardship if i was to refuse maintenance payments"

It sounds like you plan to either live abroad yourself or have the kids live with the mother. Or perhaps you think that you automatically are at a disadvantage because you are a farang. As Mario2008 writes, this is not the case. If you plan to go back to your home country, then get shared custody before you leave. As gregb said, your chances are extremely good. You will get shared custody unless there is evidence showing that you are dangerous for the child. Possession of the child is a different matter but there is no reason why you should not be able to get decent visitation rights conditions if you are a good father

If you live in Thailand and is a serious and good father who has always loved and taken care of your children, then you should fight for the majority of the time. Judges quite often award 5/2 or 4/3. Or 2/5 or 3/4 …

More info please...

Edit: changed - good answers to good help

Edited July 19, 2010 by MikeyIdea

[barberman]

Shared custody? Extremely good.

Sole custody? Probably difficult.

What exactly are you aiming for? The information you provide does not allow for any type of analysis.

[/quote

We did marry in the amphur office, and my intentions where to see if i could get custody to take the children with me to the uk which i know now will be very difficult if my partner doesnt agree to this. She assures me she would prefer them to come to the uk so as to give them a better future, they are now 3 and nearly 5 years old. One of the reasons for the separation where down to my wife spending too much money so i could not visit as much as i had hoped so i have not had too much time with my children although my wife would not say that the children havnt bonded with me and i would not say she is a bad mother. We have agreed not to divorce as if they are to come and live in the uk my wife will be able to visit them here aswell as myself taking them there. You may ask why i asked in the first place about custody but communication is not brilliant and i needed to know what i could do if communication and relations were to break down. Thanks for you replys any more info just ask/

[aussiebebe]

As you already know, there are two types of divorce in Thailand: uncontested (Administrative) and contested (Judicial). You can do the Uncontested Divorce as registered your marriage in Thailand. It sounds from your post as if you're visiting Thailand from the UK, you'll have to appear together before the amphur (local registry) where you registered your marriage. You'll be asked to make a personal declaration of your intent to have a divorce before the local officer. As you and your wife have issues regarding child custody, you still may have an uncontested divorce but you'll need to enter into a divorce agreement prior to the divorce. The divorce agreement must clearly define the rights which the parties can enjoy after the divorce is granted. This would include your rights to custody of your children. The agreement must be registered along with the divorce itself. You'll need need a lawyer to help you draft this, so if at all possible it's best to try to strike out an agreement with your wife. Shared custody is fine, but if you want to take your children abroad without your wife's permission you'll have to do a contested type of divorce, one that is lodged before the court on the basis of at least one ground for divorce, as provided in Thai laws. You'll probably have to stay, or repeatedly visit Thailand for at least two months if you went down this road.

In terms of preparing for this, in case communication do break down, you could pay for a phone consultation with a Thai lawyer to explain to you thoroughly the grounds for divorce, as well as the evidence that you could present before the court to prove the chosen ground.

[barberman]

As you already know, there are two types of divorce in Thailand: uncontested (Administrative) and contested (Judicial). You can do the Uncontested Divorce as registered your marriage in Thailand. It sounds from your post as if you're visiting Thailand from the UK, you'll have to appear together before the amphur (local registry) where you registered your marriage. You'll be asked to make a personal declaration of your intent to have a divorce before the local officer. As you and your wife have issues regarding child custody, you still may have an uncontested divorce but you'll need to enter into a divorce agreement prior to the divorce. The divorce agreement must clearly define the rights which the parties can enjoy after the divorce is granted. This would include your rights to custody of your children. The agreement must be registered along with the divorce itself. You'll need need a lawyer to help you draft this, so if at all possible it's best to try to strike out an agreement with your wife. Shared custody is fine, but if you want to take your children abroad without your wife's permission you'll have to do a contested type of divorce, one that is lodged before the court on the basis of at least one ground for divorce, as provided in Thai laws. You'll probably have to stay, or repeatedly visit Thailand for at least two months if you went down this road.

In terms of preparing for this, in case communication do break down, you could pay for a phone consultation with a Thai lawyer to explain to you thoroughly the grounds for divorce, as well as the evidence that you could present before the court to prove the chosen ground.

As we speak we have agreed that if we divorce and i bring the children to the uk on a mutual agreement she would not be able to obtain a visa easily so as to come and visit the children whilst they are staying with myself and attending school. I dont feel the need to divorce at present and she is in no hurry either but i have sufficient grounds to obtain this should i need. I dont want to fight for sole custody either as i feel this will only damage the childrens wellbeing. I had intended to live in thailand with my wife and kids but due to many factors this didnt come about and it was also very difficult for me to obtain a settlement visa for my wife in the uk. All this is very recent and although i feel very bitter towards my wife i cant let my emotions cloud my judgement. Thanks for a very detailed answer it has helped a lot many thanks to you all.