scott1999 Posted September 10, 2013 Author Share Posted September 10, 2013 Once the verdict is read in october does it mean you can then just leave with your daughter and thats it? Hi Boo, I just don't know? But I am over the moon, at some point they will have to comply with the order dated 24th of Jan 2013. Thanks Boo for asking. Your lawyer should now best. But depends on the verdict: - if court decides that the verdict has a flaw, it will probably mean that the judge must look at the case again and give a new vewrdict, which can be appealed. - if the court upholds the lower courts decision that is final and should be it. If I recall correctly the decision is that you hold sole custody. That would indeed mean you cna just grab the child and walk away. You alone than decide where the child lives and goes to school. The agreement with the mother about the child going to a particulair school would no longer be valid. You would have the power to change that as you see fit. But again, best to ask confirmation from your lawyer about this. Hi Mario I spoke to my lawyer about this point of law. He said if the appeals court verdict is upheld, it is up to the judge if he or she will enforce the 100% physical custody to me with immediate effect , or the judge may say enforcement after 30 days , or the judge can do nothing and we would have to make a new appointment at Juvenile Court to enforce the order. with enforcement of the 100% physical custody then the police will act. Thanks again everyone for your interest and support in this matter. Link to comment Share on other sites More sharing options...
Popular Post britinthai Posted September 12, 2013 Popular Post Share Posted September 12, 2013 Scott I will pray for you and that the courts judge in your favour. My case was completed back October last year and the SC simply up-held the appeal court e.g. 50/50 custody with the physical custody to the mum and three weekends per month to the father. By December 2012 my son (Now 13) forced his mum to bring him to Oman they arrived with the reason I divorced her. The next day he said he was not going to return, which got me into a lot of trouble as I was charged with kidnapping my son. The criminal courts judged not guilty and made the statement that even if a was to hold him it would have still been not guilty; this means my son can stay with me as long as he wants irrespective of any custody order. My son has now opened up to the point that bad things happened to him by his step-dad and although he does not talk bad about him, what he says about his mum make me cringe. When she left Oman last year she took his passport, and now the British embassy have retrieved his British passport; they are still holding it but in the interest of the child's welfare and requirement for this new school year they are seeking London's approval as now they are responsible for my son not having a visa, which is required by the school, as last school year he had a concession by the Oman minister of education - I think they don't want the case of being responsible for the child breaking the immi law and possibility that he will have to stop going to school. He is well behind his peers but now in private lesson and hopefully he will get up to speed over the next year. Obviously the mum and my so called friend are still doing everything possible, which includes several court cases back in Thailand; with the next one on the 17th where she has asked for me to be arrested - I don't see this happening but the Thai court have shocked the hell out of me and I would put nothing pass them. All in all my son is safe, in a good home where my wife and 5 year old daughter love him to bits, he is in a good international school; he is free to see his mum whenever she wants to see him (He does not want to see her though; I think and hope time will change this); my son and I are now starting (We have the plans) to build a 40 foot motor cruiser; this will give him a lot of practical experience to make up for the poor Thai education he was subjected to, and most of all he knows that if he wants to return to Thailand, I will not stop him basically, and subject to his passports he is a free young man that I will enjoy watching him grow up to be the engineer he SO desires to be. 4 Link to comment Share on other sites More sharing options...
scott1999 Posted September 12, 2013 Author Share Posted September 12, 2013 Scott I will pray for you and that the courts judge in your favour. My case was completed back October last year and the SC simply up-held the appeal court e.g. 50/50 custody with the physical custody to the mum and three weekends per month to the father. By December 2012 my son (Now 13) forced his mum to bring him to Oman they arrived with the reason I divorced her. The next day he said he was not going to return, which got me into a lot of trouble as I was charged with kidnapping my son. The criminal courts judged not guilty and made the statement that even if a was to hold him it would have still been not guilty; this means my son can stay with me as long as he wants irrespective of any custody order. My son has now opened up to the point that bad things happened to him by his step-dad and although he does not talk bad about him, what he says about his mum make me cringe. When she left Oman last year she took his passport, and now the British embassy have retrieved his British passport; they are still holding it but in the interest of the child's welfare and requirement for this new school year they are seeking London's approval as now they are responsible for my son not having a visa, which is required by the school, as last school year he had a concession by the Oman minister of education - I think they don't want the case of being responsible for the child breaking the immi law and possibility that he will have to stop going to school. He is well behind his peers but now in private lesson and hopefully he will get up to speed over the next year. Obviously the mum and my so called friend are still doing everything possible, which includes several court cases back in Thailand; with the next one on the 17th where she has asked for me to be arrested - I don't see this happening but the Thai court have shocked the hell out of me and I would put nothing pass them. All in all my son is safe, in a good home where my wife and 5 year old daughter love him to bits, he is in a good international school; he is free to see his mum whenever she wants to see him (He does not want to see her though; I think and hope time will change this); my son and I are now starting (We have the plans) to build a 40 foot motor cruiser; this will give him a lot of practical experience to make up for the poor Thai education he was subjected to, and most of all he knows that if he wants to return to Thailand, I will not stop him basically, and subject to his passports he is a free young man that I will enjoy watching him grow up to be the engineer he SO desires to be. Yes Sir I remember you. We went head to head for a while and then we began to understand each other. Maybe I should have taken your advice? But we are where we are, so pleased for you Sir and i know you are in my corner on the 14th of next month. Good luck to you and yours for the 17th. Please keep me posted. Link to comment Share on other sites More sharing options...
scott1999 Posted October 8, 2013 Author Share Posted October 8, 2013 Hi all just a quick up date. Me and Micheal had a meeting with my old lawyer on Saturday about going to court on the 14th for the reading of the verdict from the Supreme of the mother's appeal against her own agreement made on the 14th of Jan 2012. My old lawyer I must say and Micheal would agree with me, he never fought to hard for me in court. But now he is much more positive. Because it is just a matter of following the law. So on the 14th the mother's side 99% will be a now show. The court will give them 30 days to comply with the agreement of the 24th Jan 2012 and it is also thai law i think about the 30 day before it becomes law so on the 14th of November I will have 100% physical custody of my daughter because the mother has broken the agreement of the 24th of Jan 2012. The court very soon after will summons the mother's side and the school to court with in 14 days. If the mother's side do not come to court then arrest warrant will be issued for them. The court of course will close my daughter;s old school down, which leaves my daughter with no school to go to, only the school of my choice. As i also have 100% educational rights over my daughter. the stand off me i am in Bangkok working. mother lives in England since August 2009 My daughter kidnapped Sep 2010 by family members of the mother. As i have said before i will never stop the mother's side seeing my daughter. But they are about to lose this because of denying me access to my daughter and their alienating ways. So sad for my daughter. 1 Link to comment Share on other sites More sharing options...
Trembly Posted October 8, 2013 Share Posted October 8, 2013 Will they close the school down for all the other students at the school as well, or will they issue a legal injunction against your daughter and only your daughter attending that school? 1 Link to comment Share on other sites More sharing options...
Mario2008 Posted October 8, 2013 Share Posted October 8, 2013 I think what is meant is that the agreement of Jan. 2012 will no longer be valid, hence the child will no longer be required to attend her current school. Scott can choose the school of his own choice once he has sole parental rights. 1 Link to comment Share on other sites More sharing options...
scott1999 Posted October 8, 2013 Author Share Posted October 8, 2013 Will they close the school down for all the other students at the school as well, or will they issue a legal injunction against your daughter and only your daughter attending that school? I think what is meant is that the agreement of Jan. 2012 will no longer be valid, hence the child will no longer be required to attend her current school. Scott can choose the school of his own choice once he has sole parental rights. Hi The question on the school is they must give the court the sign out papers for my daughter, if they do not they will be summoned to the court. in the past and up to know the school has refused to recognize the order of the 24th which gives me 100% of education because the mother's side was appealing the agreement. And so refused to give me the sign out papers. which meant my daughter while at that school was with out a mother and denied access to her father. Shocking. Mario it is the opposite, all the strength in this case is in the fact that we have tried to follow the agreement of the 24th and now the mother's side will be made to follow it by order from the court. which in the agreement of the 24th does give me 100% education. But the agreement stated that if either party does not follow the agreement then the other part will gain 100% physical custody of the child . Link to comment Share on other sites More sharing options...
Mario2008 Posted October 8, 2013 Share Posted October 8, 2013 Don't worry about the school not following the court order. I presume it is a government school, I believe the headmaster can lose her civil servant status for not following a court order. 1 Link to comment Share on other sites More sharing options...
scott1999 Posted October 8, 2013 Author Share Posted October 8, 2013 Don't worry about the school not following the court order. I presume it is a government school, I believe the headmaster can lose her civil servant status for not following a court order. wow thank you MARIO, I like that Link to comment Share on other sites More sharing options...
benalibina Posted October 8, 2013 Share Posted October 8, 2013 Exciting times ahead Paul. By reading about your FIL they will most likely leave it till the end to follow the courtorder. The shameless people. But from the middle of next month all your agony, stress, disbelief and perseverance will result in the ultimate succes. HAVING YOUR DAUGHTER WITH YOU !!!!!! Well done. 1 Link to comment Share on other sites More sharing options...
scott1999 Posted October 9, 2013 Author Share Posted October 9, 2013 Thanks everyone for you interest in this matter. It is not the end, but maybe the beginning of the end. I do hope so! Link to comment Share on other sites More sharing options...
Trembly Posted October 9, 2013 Share Posted October 9, 2013 Don't worry about the school not following the court order. I presume it is a government school, I believe the headmaster can lose her civil servant status for not following a court order. wow thank you MARIO, I like that When judge issues a court order in Thailand there are no ifs, ands or buts from anyone. The police or Amphoe can't gainsay a judge, much less school principals. 1 Link to comment Share on other sites More sharing options...
Popular Post Boo Posted October 9, 2013 Popular Post Share Posted October 9, 2013 Just think of whata happy Christmas you will have together as a family again. I'm sure you will make it extra special 3 Link to comment Share on other sites More sharing options...
scott1999 Posted October 9, 2013 Author Share Posted October 9, 2013 Don't worry about the school not following the court order. I presume it is a government school, I believe the headmaster can lose her civil servant status for not following a court order. wow thank you MARIO, I like that When judge issues a court order in Thailand there are no ifs, ands or buts from anyone. The police or Amphoe can't gainsay a judge, much less school principals. Just think of whata happy Christmas you will have together as a family again. I'm sure you will make it extra special Thanks for your comment Boo and Trembly. I do hope so about Xmas Boo, and i do believe and agree with Trembly about the power of Judges. But these people will not stop this heinous behavior till the police are taking them away on kidnapping charges again. So i do feel better. But until my daughter is safe. I will keep on going. Link to comment Share on other sites More sharing options...
eezergood Posted October 11, 2013 Share Posted October 11, 2013 To the OP, once again congratulations & good luck for the future 1 Link to comment Share on other sites More sharing options...
rhodie Posted October 13, 2013 Share Posted October 13, 2013 Good luck today! I hope it all goes well for you. 1 Link to comment Share on other sites More sharing options...
Forethat Posted October 13, 2013 Share Posted October 13, 2013 Fingers crossed for both of you today! 1 Link to comment Share on other sites More sharing options...
Popular Post scott1999 Posted October 14, 2013 Author Popular Post Share Posted October 14, 2013 Aha! it's over 100% custody to the father. If the Mother's side do not comply with the court order then arrest warrants for the mother and any one with holding my daughter from me. But I do have to wait for the Supreme court to stamp the enforcement onto the Court order. About a week my lawyer said. I will do a better job of thanking everyone later, but for now i need to catch up with my work at school. 9 Link to comment Share on other sites More sharing options...
scott1999 Posted October 14, 2013 Author Share Posted October 14, 2013 (edited) Mother's side was a no show. No need to be careful anymore about the details of this horror story. So i will be able to go into more detail soon. Edited October 14, 2013 by Rimmer Blog link removed Link to comment Share on other sites More sharing options...
Boo Posted October 14, 2013 Share Posted October 14, 2013 Wow, even though we knew it would happen it is still wonderful to know it is written in law. Well done for your tenacity & perserverence. So many would have walked away but she will know that you fought all the way for her. 2 Link to comment Share on other sites More sharing options...
scott1999 Posted October 14, 2013 Author Share Posted October 14, 2013 Wow, even though we knew it would happen it is still wonderful to know it is written in law. Well done for your tenacity & perserverence. So many would have walked away but she will know that you fought all the way for her. Thanks Boo for your support and everyone. Micheal was with me today and he made light work of anything i did not understand. The lady judge was very nice to us. She said she did not have time to read the whole verdict, but she used the words" we had won". Link to comment Share on other sites More sharing options...
kevjohn Posted October 14, 2013 Share Posted October 14, 2013 Great to see this is coming to an end. Congratulations and may your families future be everlasting happiness. 1 Link to comment Share on other sites More sharing options...
Mario2008 Posted October 14, 2013 Share Posted October 14, 2013 Congratulations. This must be a relief. 2 Link to comment Share on other sites More sharing options...
rhodie Posted October 15, 2013 Share Posted October 15, 2013 The 2nd last step of a long process. Here is hoping you are reunited soon. 1 Link to comment Share on other sites More sharing options...
scott1999 Posted October 15, 2013 Author Share Posted October 15, 2013 If anyone can read Thai here is the order from the Supreme Court 1 Link to comment Share on other sites More sharing options...
Jimbo Posted October 17, 2013 Share Posted October 17, 2013 Congrats! I have been reading this tread for ages and was hoping that all would go your way. I am so happy for you that you will be reunited with your daughter. 1 Link to comment Share on other sites More sharing options...
scott1999 Posted October 18, 2013 Author Share Posted October 18, 2013 Great to see this is coming to an end. Congratulations and may your families future be everlasting happiness. Congratulations. This must be a relief. The 2nd last step of a long process. Here is hoping you are reunited soon. Congrats! I have been reading this tread for ages and was hoping that all would go your way. I am so happy for you that you will be reunited with your daughter. Thanks to everyone on this forum. But the most thanks goes to Micheal who has stood shoulder to shoulder with me through this hell. Even yesterday I needed the support of Michael as I experienced an almighty low, after the high of Monday with the Supreme Court verdict. Because of the realization that It will still take time even to see my daughter again. It could be as long as the end of December before I see my daughter again. The time line. 13th of November the 30 days are up and if the mother's side has not complied with the court order then my lawyer will go back into court to summons the mother's side plus the school if their still refuse to give me my daughter's sign out papers. So the summons with luck will be for 14 days. which takes us to the end of November. If they do not come then arrest warrants for the mother's side. In my experience that will take 2 to 3 weeks to be enforced. So now we are the end of December and I will still not have seen my daughter. The law moves so slowly. As Michael said the law will run them over eventually. But everything seems like it is in slow motion. I keep asking myself this question, how can it be that i have 100% physical custody but I still cannot even see my daughter or even know where she is? Can you imagine if it was the father that was disobeying a court order from the Supreme Court. His face would be allover the tv screens. But for now I must once again sit on my hands an wait and wait and wait. Sorry for the rant everyone. But it will finish soon, I promise you that. Link to comment Share on other sites More sharing options...
scott1999 Posted October 18, 2013 Author Share Posted October 18, 2013 (edited) Also I must stay focused, because my mean goal is that my daughter does not end up on the scrap heap in England or Thailand with no education. If I can help with helping her get a degree in Thailand then she can go to England or anywhere in the world for a "western degree". Then i would have done my job as a father. I have learn't so much over these 3 years but I still need more patience that is for sure. Edited October 18, 2013 by scott1999 Link to comment Share on other sites More sharing options...
Mario2008 Posted October 18, 2013 Share Posted October 18, 2013 The school falls under an education area office, which in effect is the boss of the school director. if the school is not forthcoming, inform he responsible education office and ask them for help. Even better might be if your lawyer does that. As I understand the court verdict, you have 100% parental rights when the higher court has acknowledged the courts reading of the verdict. That means that from that moment on you yourself can collect the child and nobody is to stop you. The waiting period and possible arrest warrant is for the mother to comply with the court order. But might not mean you can't pick your daughter up at school and gain possession yourself before the court issues an arrest warrant. 1 Link to comment Share on other sites More sharing options...
scott1999 Posted October 18, 2013 Author Share Posted October 18, 2013 The school falls under an education area office, which in effect is the boss of the school director. if the school is not forthcoming, inform he responsible education office and ask them for help. Even better might be if your lawyer does that. As I understand the court verdict, you have 100% parental rights when the higher court has acknowledged the courts reading of the verdict. That means that from that moment on you yourself can collect the child and nobody is to stop you. The waiting period and possible arrest warrant is for the mother to comply with the court order. But might not mean you can't pick your daughter up at school and gain possession yourself before the court issues an arrest warrant. Thanks Mario I think you are spot on with your opinion. Please can you help me Mario or any one, I will need this document translated any ideas ? Link to comment Share on other sites More sharing options...
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