Can My Ex-Wife Take My Son Back To Thailand!

[dopster]

Hiya TV members,Id like you to shed some light on my current situation. Me and my ex- wife got divorced over a year ago but got back together after a year. We decided to move to UK so my son could get a decent education and learn English. It was a fresh start for us both and no interference from her family. Plus my folks were not well. Now she says she wants to return back to Thailand with our son and Im worried that if she does she might not let our son come back and just want money from me to keep her and her mother. I have secured both his passports and also he is attending school now and doing well. When we got divorced in Thailand I signed the paper as she wanted to take me to court. She has custody of him but I have access to him one day a week(this was the divorce agreement in Thailand). My question is, can i stop her from taking him back to Thailand? I don't want to lose my son, she is on a visitors visa and due to go back end of June. My son has duel nationality and I think if she takes him back sh'ell just want money off me every month(10k plus school fees in agreement from divorce paper). Ive said I want my son to stay UK but shes adament he must return with her. She is influenced alot by her mother who wants my son back in Thailand. I was hoping we could get along but she misses her family and friends etc. Is there a way I can keep my son here or does she have every right to take him out of the Uk and back to Thailand?

I am looking for some legal advice here as to what if anything im entitled to or did i give that away when i signed the divorce papers. Appreciate any feedback that may be helpful.

[7by7]

I am not a lawyer; but you say she has legal custody of the boy and so she has every right to take him back to Thailand with her. Whether there is a legal way you can stop her, I don't know.

You need to speak to a family lawyer.

[Mario2008]

Your ex-wife has custody over the child, shared with you it seems. You will need to talk this over with a lawyer, but not likely a British court will go against the agreement you made in Thailand.

Under Thai law, you need to pay child support. that would have been between 3,000 and 6,000 baht a month, with both of you sharing the educational and health costs. You made a generous agreement, more than a judge would have rewarded. But it is more than right to support your child more than the law allows.

Under UK-law she can demand higher amount to support her child.

It is child support you are talking about, there is no need to pay her maintenance.

[SweatiePie]

Your ex-wife has custody over the child, shared with you it seems. You will need to talk this over with a lawyer, but not likely a British court will go against the agreement you made in Thailand.

No, from what dopster has said his wife has sole custody and he only has visitation rights (once a week). Under those circumstances a British court is obliged to ensure that the son returns to Thailand with his mother if that is her wish, regardless of what his father wants and how he is doing in school. If his father obstructs her by withholding the son's Thai passport he can be charged with an offence and his mother can be awarded any costs.

If child support has already been agreed in Thailand for a son in Thailand it would be highly unlikely that a UK court would even consider awarding a "higher amount".

A bargaining point would appear to be the 10k a month plus school fees; realistically, as long as the mother is in Thailand (with her son) and the father is in England he can avoid paying child support/maintenance/call it what you will. Doing so would be illegal under Thai law, but it is a question of what is enforceable from abroad and at what cost. Maybe a financial settlement could be reached with a change in custodial arrangements.