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Posted

legally, if he does not want the children to go with her, he can claim a kidnapping file with police / interpoll and she , if found, would be jailed and the kids returned to him

As said earlier, not in Thailand, as they are not part of the treaty concerning parental abduction.

Posted

If they were my kids, i would be saying.............No they definately cannot leave the UK without my permission. I would carry on supporting them in the UK and i would tell her that she could visit Thailand if she wishes, but not with the kids. When they are old enough to make up their own minds, i would let them go if they wanted to, knowing that they have had a reasonable education which cannot be guaranteed in Thailand.

Who knows with the right people behind them, they might be a Thai PM !

  • 4 weeks later...
Posted

Hello.

Thanks for your messages.

Again I m posting a message on behalf of my friend........this is not a Troll posting as some have suggested.

My friend has many regrets that the relationship has not worked out but now his wife is living back in Thailand with the children. He is fully supporting his children but feels that he let his children go too easily.

The children have dual nationality, 2 passports and he wishes to bring them back to the uk and take care of them himself. Should she not agree is there any way he could bring them back by means og the law, also can a father kidnap his own children.

He is due to seek legal advice but often there is good advice on here so suggested that I would post on his behalf to get an idea.

Please help my friend by offering good sound advice...thanks...slippery

Posted

Giving advise regarding things that are illegal is against the law and against our forum rules.

If he is the legal father he can just come to Thailand and take the children with him, as there is no parental abduction law in Thailand. He can take te children from anyone but the mother.

But that is not going to solve the problem and it certainly isn't good for a child to be bounced back and forth like this.

He can go to the Thai court to try and get sole custody. But he will only get sole custody if he can show that the mother is not capable of taking care of the children or even is a danger to them. So he has to show for instance that she is constantly drunk or using drugs and therefor not fit to take care of the children.

If that is not the case, he can only get shared custody with the mother.

I guess he should start ddivorce proceedings anyway if they are no longer together, the custody of the children is part of that. A settlement regarding the financial part can be used to try and have the mother give sole custody to the father.

Posted (edited)

B) My advice after living in Thailand for more than 7 years. Two friends of mine , one on my suggestion reached a cash settlement with the mother. Got her to relinquish custody of their children to him. Remember, "Money # 1". I believe the children would be far better off living with the Father outside of Thailand, better education and opportunity. I am by no means condoning that the Mother should be excluded from their lives. If he truly wants to bring the children to live with him, reach a settlement with the Mother. I know it sounds harsh but this is the best way to resolve this issue.

LL

Edited by llso
Posted

Hello.

Thanks for your messages.

Again I m posting a message on behalf of my friend........this is not a Troll posting as some have suggested.

My friend has many regrets that the relationship has not worked out but now his wife is living back in Thailand with the children. He is fully supporting his children but feels that he let his children go too easily.

The children have dual nationality, 2 passports and he wishes to bring them back to the uk and take care of them himself. Should she not agree is there any way he could bring them back by means og the law, also can a father kidnap his own children.

He is due to seek legal advice but often there is good advice on here so suggested that I would post on his behalf to get an idea.

Please help my friend by offering good sound advice...thanks...slippery

Sorry but I can not believe that you have put this post on this site. You are asking people who don't know the full story to give you advise. Only you know the whole story. All you can do is go to a Lawyer, seek legal advice and act accordingly. If it means coming back to Thailand to nick the children back, that can only be your decision and your risk.

I wish you good luck whatever you decide?

jb1

Posted

I find the fact that this " Friend " who is supposedly going through a hard time losing his kids is that his main concern is whether he still has to pay for them :o <deleted>!!!!

That alone speaks volumes to me.

Not whether he can get custody or visiting rights just " Will I have to keep paying for them "

NICE!!!!

Posted

Please dont beat my 'friend' up too much.

A couple of weeks ago he was very upset and angry-we all have irrational thoughts when we are like this-try to see the upset this would cause-try to see things through his eyes.

He is paying for his kids and will continue to do so whatever happens but now he just wants to get his kids back-I dont see anything wrong with that but he and myself as a 'friend' as you put it, trying to advise as best I can dont know thw best course of action.

Thanks...slippery

Posted (edited)

Well I would probably just tell the wife that if she wants them in Thailand then she can look after them, in everything. If they reside in the UK then I would look after them, in everything. Why should the mother be absolved of responsibility. Why is the man that must care for the kids. Perhaps she should step up and also consider what is best for the children.

Most people would know that most of the money he gives wouldn't really find it's way to the kids.

She also made her bed and can sleep in it as well.

Edited by Wallaby
  • 1 month later...
Posted

I agree that he has a moral obligation to support his kids to the best of his ability.

If he believes he can care for the children himself than I would first try paying off the mother for relinquishing custody.

If she insist on keeping them in Thailand I would find a guardian ad litem who would agree to look out for the kids interests and supevise the support funds. It could be a lawyer or an orgainization. Every village has a temple and the temple IS the social services for most communities. The temple in my wifes village is very involved in assisting children. My wife and her cousin had one monk who was an excellent mentor and saw to it that they had the things they needed. The head monk at her village is known for his integrity and wisdom. The wife would likely agree to the temple's supervision of the funds.

Your friend actually may be better off dealing with the Thai system because most western legal systems seem to be more interested in screwing the man and do not provide for any input for how funds are used.

Posted (edited)

:whistling:

O.K. I'm making no "morality" judgements...I don't know the situation. For that reason I better keep my mouth shut and that way avoid sticking my foot firmly into my mouth.

But, on the point of "is he legally required to support his children" the answer is a definate YES.

Assuming the children are really his, and there is a legal birth certificate saying that, he has a legal requirement to support them as best he can. Even if the birth certificate is legally issued in Thailand.

Although it would be difficult and expensive, it is entirely possible for her to hire a Thai lawyer and bring a case against him even in the U.K.

Even under Thai law the father has certain legal responsibilities for the support of the children in a legal marriage, even if he is a foriegner, and although it might be difficult to bring the case against a the father in the U.K. it IS legally possible if she has the money and determination to persue the case.

Basically if the foregn father is named as the father on a legal Thai or U.K. birth certificate...he is considered as the father, and has certain financial responsibilities for that child. Helping to support the child's education is one of them.

And if that case was brought into court in the U.K., and the case was shown to be valid, she would have the right to force the father to meet those financial requirements.

Now it would cost her a lot of time and money...but it COULD be done.

This is true because there is an agreement between the U.K. and Thailand for this very purpose.

Sorry, but there is no LEGAL play-and-then-run-away option.

For EITHER side in the marriage as long as the marriage is recorded legally.

:rolleyes:

Edited by IMA_FARANG
Posted

Being named on the birth certificate means nothing. It is only a claim by the person reporting the birth that mr. X is the father, nothing more. You can name the pope as father on a birth cerificate, but it doesn't mean he is the legal father.

If a woman is married, her husband is automatically the legal father. If he is not the father, he has to make steps to repudiate the child if he doesn't want to be the legal father.

A court decision about child support can be executed in almost any country without difficulty, (if you can find the father). There is an international treaty on this, which most countries have signed.

Posted (edited)

I don't believe any payments have been awarded yet.

I don't believe any payments can be claimed if the woman abducts the children and moves to another country (outside the EU)

On a more personal note.

I am entirely happy to support any children that I have fathered 100% with no contribution from anyone else, but only if they live with me 100%

In fact I will extend that to include me supporting 100% children fathered by anyone who subsequently live with me and view me as their father.

I have no interest in supporting any children that call someone else 'daddy'

Just my opinion.

If you read the above and compare it with the below quote from Ex Wife Wants Too Much Money For Kids (I bolded the words)....

I don''t believe in giving money away.

I support those living in my household, if I keep the children, I pay for everything, if she keeps the children, I pay nothing, find a new partner and start again.

Never saw the point in paying for kids that end up calling someone else 'daddy', and that seems to be what happens when you pay for your children to live with someone else.

Just my opinion.

...would you not think that these two posters are one and the same person?? The similarity in both sentiment and sentence structure are quite remarkable if not.

Edited by inthepink

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