Can This Lady Get Back To Uk With Daughter ?

[scorpio]

hi,

im new here, i met a girl in thaiand who needs help with visa info, she says her husband has left her, she is stuck in thailand with her 3 year old baby girl, the babies father has went away to uk again and has another thai girlfriend ( younger model ) he hasnt contacted her or his baby. she was in uk with her boyfriend before on 6 mths holiday visa ( twice ) and her baby has uk passport . her baby was born in thailand though she has uk passport as the father put his name on her birth certifuicate and made passport for her. can mother and baby return to uk ? if her baby has uk passport surely the government has a right to let her mother enter uk too ? what would the mother need to enter uk with her baby , a guarantor or an offer of work ?

advice please

thanks

[NanLaew]

she says her husband has left her, she is stuck in thailand with her 3 year old baby girl.... she was in uk with her boyfriend before on 6 mths holiday visa ( twice ) and her baby has uk passport .

Which is it?

[scorpio]

which is it ? what do you mean ? i thought there where some visa experts on here .

[InterestedObserver]

which is it ? what do you mean ? i thought there where some visa experts on here .

Husband or boyfriend? The baby has a UK passport. The Thai mother would need a UK visa. She has apparently been to the UK before (twice) so she should know the procedure for obtaining a visa. What will be her means of support while in the UK?

Edited May 12, 2011 by InterestedObserver

[slapout]

Is the baby's father, the Thai lady's ex boy friend or her husband? I think that was the question from Nanlow. Granted the UK has the right to let the mother of the child (UK citizen) enter, just not sure the lady will get permission to enter. The experts will get to your inquiry eventually.

[ThaiVisaExpress]

If the baby resided in the UK the mother would have access rights.

But not the right to jump on a plane with the baby without a valid visa.

[theoldgit]

Why does your friend want to go to the UK, sort things out with her boyfriend/husband, live there with her child, holiday, work, spend time with a new boyfriend?

[Mario2008]

She can sue for child support. She must not forget her child has rights, including for support from both her parents. The child or she doesn't need to be in the UK for that.

[IMA_FARANG]

Here's the critical questions|

1. Where was the marriage performed? If in Thailand was it registered with the U.K. embassy? And if it was, did the father himself sign or attest to that fact.

Since you mentioned that the daughter has a U.K. passort I'm assuming the U.K. embassy was involved if the birth was in Thailand.

2. Where was the birth certificate issued? If in Thaiand is he listed on the birth certificate as the father?

3. When she went to the U.K. did she go as a "vistor" or did her husband sponsor her as his wife?

4. Were they subsequently legally divorced or are they just seperated (i.e. just living apart)?

That, and other similar quetions, will have a big influence on her legal situation.

Another critical question will be..did SHE leave him or did HE leave Thailand and abandon her and the child?

As for her right to enter the U.K. my guess is there isn't much chance of that happening. Her daughter, however, is probably legal to enter the U.K. with that U.K. passport. Of course, that's not a practical choice for an infant daughter without her mother.

She may however, have some legal rights to demand maintenance/support for the child. A lot of that depends on what documentation she has and can provide. She MAY have a legal case for demanding that the father provide monetary support for the daughter.

For that reason she needs to talk to the U.K. embessy here in Thailand. If she can PROVE her case that he is the legal father she may have a legal claim for him being forced to at least pay sone child support to her.

But such a legal case won't be easy and will take some time to resolve at the very best. It may also be expensive.

The hard fact is that many Thai women simply give up on forcing any legal case for support...either because of the time, expense, or the legal hassles involved in forcing the issue.

She should be warned however, that the U.K. embessy will need to see solid legal proof of what she claims and it will take some time to get the case settled one way or the other. Also it will be expensive.

Her daughter having a U.K. passport will be a big plus for her... she wouldn't have one if the U.K. hadn't originally accepted that the daughter was legitimately a U.K. citizen by right of birth to a U.K. national

And not to be rude..but stories like that are common in Thailand...sometimes they are true...sometimes they are not.

Edited May 12, 2011 by IMA_FARANG

[7by7]

Here's the critical questions|

1. Where was the marriage performed? If in Thailand was it registered with the U.K. embassy? And if it was, did the father himself sign or attest to that fact.

Since you mentioned that the daughter has a U.K. passort I'm assuming the U.K. embassy was involved if the birth was in Thailand.

If the marriage is legal in Thailand, i.e. registered at an ampur, then it is also legal in the UK (Foreign Marriages Act 1892). Not only is it unnecessary to register the marriage at the British embassy, it is also impossible! British embassies do not register marriages. Couples can deposit a copy of their marriage certificate with the General Registry Office via the embassy, but this does not make the marriage any more legitimate under UK law than it already is. See Depositing marriage documents in the UK.

As TVE says, if the child was resident in the UK with the father then the mother would be able to obtain a visa so that she could exercise her access rights to the child. As the child is resident in Thailand with the mother then this means the mother is not entitled to a enter the UK, with or without a visa, just because her child has British nationality.

The child is 3 years old; how long where the parents married for?

Did they live in the UK before she was abandoned? If so, what type of visa or leave to remain did she hold and when did she last leave the UK?

Are the boyfriend and the husband the same person?

If different, were the visits with him before , during or after her marriage?

Why does the mother now want to travel to the UK; to visit or to live?

[the scouser]

See the European Court of Justice findings in the case of Zambrano.

Scouse.

[scorpio]

thankyou for replies, i dont think she would know how to go about getting money out of the father for her baby, i am going home next week so will not see her again apart from calling her, its the baby i pity . dont know who was in the wrong in this relationship but the mother is down and out and only wants best for her daughter i.e for the father to support her somehow or make a visa but that is highly unlikely at this stage. here we have a beautifull 3 year old girl growing up in thailand with no support from a father who,s left the mother and basically doesnt give a sht !

should she go to a lawyer ? she is in pattaya . can anyone advise please. thanks

Edited May 13, 2011 by scorpio

[InterestedObserver]

should she go to a lawyer ? she is in pattaya . can anyone advise please. thanks

Go to a lawyer and do what, she has no money and we all know how many pro bono lawyers there are in Thailand. I'd say the UK Consulate in Pattaya would be a better place to start.

[theoldgit]

I'm going to play devils advocate here, so please don't take it the wrong way. Your friend is in Thailand with her child, and the British father has apparently abandoned her and returned to the UK, as I asked before, what does she want to go to the UK for? Does she want to go after the father for support? it seems she has every right, it's not going to be easy and it's not going to come cheap. She has got to get to the UK and support her and her child whilst she goes after dad, Scouse has provided a link for the EU Judgement about her being able to work, but I'm sure it's not that straightforward.

This lady seems to be between a rock and hard place, she either remains in Thailand with her child with no support from the childs father, but in a culture she understands and maybe with family and friends to support her, or she tries to get to the UK and faces a struggle to support herself on her own whilst she goes after dad.

You know this lady better than anybody here, and you will have a good idea if she is telling the truth, I wish her every success.

[Thongkorn]

Just ask the child support agency in the UK , even if she wins her Case funded by who , hows she going to make him pay , although i agree if you are father of the child you should pay , that includes Thais too.How many of us so called falang have taken on some Thai lady with children. I think there is more to this than is being told.

Sounds like a person who lives around the corner from me in the Uk , he had his now Thai wife over for two visits, the last time she abandoned him with the 3 year old girl child, and went to guess what , when she returned a few months later because she could not get her settlement visa she had to returned to Thailand, i am not saying this is the same person but sounds familiar,

Edited May 13, 2011 by Thongkorn

[scorpio]

there are two sides to every story, ive given her my advice which i have gotten off here, thanks

[Derifo]

thankyou for replies, i dont think she would know how to go about getting money out of the father for her baby, i am going home next week so will not see her again apart from calling her, its the baby i pity . dont know who was in the wrong in this relationship but the mother is down and out and only wants best for her daughter i.e for the father to support her somehow or make a visa but that is highly unlikely at this stage. here we have a beautifull 3 year old girl growing up in thailand with no support from a father who,s left the mother and basically doesnt give a sht !

should she go to a lawyer ? she is in pattaya . can anyone advise please. thanks

My neighbor has a son who is 13 and that's the same kind of story she tells people ( she tried to sleep with me many times even though she was a friend of my ex ), so what do you think she did while her husband was with her? My ex told her boyfriend a similar story last year even though we weren't separated or having any problems at the time. From my own situation, I don't really believe any man will abandon his child just like that. I'm sorry to say that, but that's just how I feel. I believe the father of that baby will have his own side of the story. If my ex really loves our daughter, she would have stopped flirting during the one year that I tried very hard to savage our relationship because of the baby.

I will never date a girl here with a similar story.

[BOS2BKK]

This story is way too fishy. I would walk away....no...run away...far and fast.

If this lady is looking to get child support for her UK citizen child she can seek help at the British Embassy. If you are really interested, go with her to the Embassy. She will have to show her child's UK passport, and even the best liar in Thailand knows better than to lie to an Embassy official, but they have no problem convincing someone to go to the Embassy and lie for them. There are 5 million sob stories told by women in Bangkok, and they all seem to find their way to the ears of westerners trying to do the right thing.

Have you considered maybe there is a reason the guy brought her to UK on a tourist visa in the past and not a wife? Is he really her husband? Is the man she is chasing really the child's father? Perhaps that is why he walked away, maybe he found out the child wasn't his? Have you seen the babies UK passport? These all sound like obvious questions, but they are all questions you need to know the answer too before you trust this ladies story. And they are not questions you ask of her, or her friends and trust the answer too. Thai women are master puppeteers when handed a western mans heart strings.

I am not trying to be cynical. Most everybody on this page will back me up. Is there a real possibility this guy knocked up his Thai girlfriend then fled his obligations? Yes, of course there is. That said, is there just as real a possibility, if not a more real one, that you are being fed half truths or outright lies in an effort to help this lady accomplish a mission? HELL YES. Thai women are not necessarily being malicious when they lie. This is a function of a combination of factors of Thai society. They are trained from a very young age to be duplicitous and manipulative.

[7by7]

The child has a British passport.

To get this the British father must have been named on the child's birth certificate.

Therefore he must have accepted at the time of the child's birth that he is the father.

As to who abandoned whom; as Scorpio said, there are two sides to every story.

[meatboy]

i agree with everything bos2bkk has said i am cynical with this story there are always two sides but her side of what has been posted seems very lop-sided and does not seem to add up.

[HenryCHunter]

Hi, It does not matter if she is being totally truthful, a British Citizen has fathered a child and should pay for maintenance at least for the child but if 'mom' is being truthful, then she could get an element for her too.

Firstly, the child is a British Passport Holder so is entitled to enter the UK without any further permission in the form of a Visa. 'Mom' however does not have the right and whilst she can make an application for a Visa she unlikely to succeed unless she can prove that she can, without recourse to public funds, fund her stay, so would need to show around £1000 per month for each month dependant on the length of th Visa, i.e a six month Visa, she requires around £6000 of cleared available funds. She would have to book a return ticket and show that she has somewhere to stay or the funds additionally to fund accomodation. She could cite, as a reason, the need to pursue the father but tha can be done from here. I don't, unless Nan or Grandad (fathers side), hold out much hope for your friend but what a gentleman you are for being concerned.

Secondly, the right to pursue the father for maintentance is quite easy unfortunately for baby REMO (Reciprocal Enforcement of Maintenance Orders) which was an agrrement that many countries signed to assist with absent non resident parents, Thailand did not sign up to this. Mom needs to approach a solicitor and have them make an application to the court for a Maintenance Order in the same way she would if she were a resident. As money may make this prohibitive, she could write to, or telephone a UK solicitor who will take her case on behalf of the child and as the child is a citizen of the UK the child would be entitled to Legal Aid, they would make an application under special circumstances as the claimant would normally have to attend court but in this case the solicitor would attend on the childs behalf. The order, if proof he is the father is needed and obtained could make the order to pay the court and the money could be paid direct abroad or to a bank in the UK is she has one. If she doesnt then HSBC Bangkok could open one for her in the UK and a British Pound account in Thailand. She would need the fathers Name, Date of Birth, Address, and ideally National Insurance Number or place of work. Solictors who do Legal Aid can be found on the internet, loads take your pic, she could then email them with her babies details.

Good Luck to her, Baby and to you (maybe the last gentleman, other than me lol )

Regards

Henry

[RabC]

should she go to a lawyer ? she is in pattaya . can anyone advise please. thanks

Go to a lawyer and do what, she has no money and we all know how many pro bono lawyers there are in Thailand. I'd say the UK Consulate in Pattaya would be a better place to start.

I am sorry as this is a serious matter, but UK Consulate in Pattaya.............................. As much use as a chocolate tea pot.

[scorpio]

the girl has tried to phone me again, she called me 1 week ago and was crying down the phone, she is not a very good friend of my wifes , me and wife just pitied the baby. so enough said. would she go out of her way for me ? i doubt it so the ball is in her court now as wife thinks that things just are not adding up with her.

[Thongkorn]

Hi, It does not matter if she is being totally truthful, a British Citizen has fathered a child and should pay for maintenance at least for the child but if 'mom' is being truthful, then she could get an element for her too.

Firstly, the child is a British Passport Holder so is entitled to enter the UK without any further permission in the form of a Visa. 'Mom' however does not have the right and whilst she can make an application for a Visa she unlikely to succeed unless she can prove that she can, without recourse to public funds, fund her stay, so would need to show around £1000 per month for each month dependant on the length of th Visa, i.e a six month Visa, she requires around £6000 of cleared available funds. She would have to book a return ticket and show that she has somewhere to stay or the funds additionally to fund accomodation. She could cite, as a reason, the need to pursue the father but tha can be done from here. I don't, unless Nan or Grandad (fathers side), hold out much hope for your friend but what a gentleman you are for being concerned.

Secondly, the right to pursue the father for maintentance is quite easy unfortunately for baby REMO (Reciprocal Enforcement of Maintenance Orders) which was an agrrement that many countries signed to assist with absent non resident parents, Thailand did not sign up to this. Mom needs to approach a solicitor and have them make an application to the court for a Maintenance Order in the same way she would if she were a resident. As money may make this prohibitive, she could write to, or telephone a UK solicitor who will take her case on behalf of the child and as the child is a citizen of the UK the child would be entitled to Legal Aid, they would make an application under special circumstances as the claimant would normally have to attend court but in this case the solicitor would attend on the childs behalf. The order, if proof he is the father is needed and obtained could make the order to pay the court and the money could be paid direct abroad or to a bank in the UK is she has one. If she doesnt then HSBC Bangkok could open one for her in the UK and a British Pound account in Thailand. She would need the fathers Name, Date of Birth, Address, and ideally National Insurance Number or place of work. Solictors who do Legal Aid can be found on the internet, loads take your pic, she could then email them with her babies details.

Good Luck to her, Baby and to you (maybe the last gentleman, other than me lol )

Regards

Henry

And how do you do any of this without money . And can i claim for my wifes Thai child to a Thai man ,

[Basil B]

If the child has a British Passport one would think that she would be entitled to some help if destitute via the British consulate...

Also one may argue that as the child is dual nationality then Thailand should accept responsibility.

And what if the farther says he wants custody of the child, would the mother give up the child if it were going to be in the child's best interest?

As for Derifo I think you are speaking for yourself when you say "I don't really believe any man will abandon his child just like that" as I know many instances of guys here in the UK that avoid paying maintains, and the problem is even worse in Thailand as there is no effective law that says a man must contribute to their children's well being.