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Posted

My thai wife, has been living in perth western austraila with me for 4 years. She is a permanent resistant We have been very happy together,however things started to change when she was about 4 months pregant. Like trying to control all what i do.

She had a healthy baby boy

i was told through her thai friends husband, that you should look out all she wanted was a baby.

Then I found out that she has been getting money from the goverment, and to get this she told them i was abusing her, and i have moved out, but its not true she gets any think she wants from me i really dont under why she would say this.

So thats the cut down of my storey.

My question is.

My son is now 6 months old, she has planed a trip to thailand she wanted him to get a passport so we did. Once the passport arrived she wants to go now. she is always talking to her mum my gut feeling is she is not planing on coming back.

My son is australian travling on a australian passport, however he is going to her birth place.

How had would it be for me, if she did not come back to austraila with my son.

Hope someone can help me with this problem i have.

  • Like 1
Posted

if you truly believe she may take your son, and not return, I would personally try and get the child's passport, and never let her have it. give the passport to your mum or a good friend, then your child can not travel. that is the first thing

Posted

She cant get a special allowance from the government for domestic abuse without proof, that requires police reports, medical reports etc...

Would like to ask the question again when you get the story right.

Posted

I have heard the story of a Thai spouse gaining residency, then claiming domestic abuse, as a way out of the marriage and further contact, quite a number of times. Indeed I have had several people warn me about it personally, as i got involved with Thai women.

Perhaps there is a well worn path for some women to do this? tricks of the trade passed on from group to group.. if so, they would know all the loopholes and what to do etc etc, making the claim of monies from the government and evidence provided of abuse an easy task for them.

i certainly wouldn't be letting her take the kid out of the country if she has lied about domestic abuse...

Posted

:whistling:

The bad news is that I doubt very much there is any way to keep her from bringing the child to Thailand and keeping him here UNLESS you can prove somehow she is a unfit mother. That would be very difficult and probably require you to start a legal case against her. A Thai-Australian child is still considered by the Thai government a a Thai citizen because of his/her Thai parent, and Thailand will allow them entry to Thailand as any other Thai citizen. Since your child is still a minor the Thai government would have to allow the Thai mother as the custodian of the child to bring the child into Thailand. The only way they could deny the child entry to Thailand is if there was some way they could PROVE she was an unfit mother...and even at best that would take a long court case to establish if there was hard and fast proof.

Sorry to have to tell you that, but it is likely that you will not be able to stop her bringing the to Thailand unless you can get a court to stop it. And the courts will almost always side with the mother in such a case. The interest in the child's welfare is always their first consideration, and usually that means staying with the child's mother unless she is proven unfit to care for the child.

:whistling:

Posted

If your wife returns to Thailand with her child, she can stay in Thailand with her child. There are no parental kidnapping laws, so she can not be made to return the child to you. A decision by an Australian court would not be recognized, so you would have to go to court in Thailand over the custody of the child.

You already have shared custody with the mother by way of law. Sole custody would only be granted if you can proof that the mother is a danger to the child or uncapable of taking care of the child.

Mood changes etc during and after pregnancy are not uncommen. You might try and talk with your wife about what is going on and see what can be done.

Posted

OP should file for divorce and or seperation and Child Custody claiming the wife is risk of taking the shild out of the country of OZ.

Be sure to get a Custody order prohibiting her leaving OZ.

If she leaves with the child, immediately call the police to enforce the order before she leaves OZ.

They may, or may not be able to stop her entering Thailand with the child.

This all requires a Court Judge's Order.

Posted

Get yourself to an Australian family law practitioner PDQ. Don't substitute internet advice for tailored legal advice if you really want to maximise your chances.

Posted

Get yourself to an Australian family law practitioner PDQ. Don't substitute internet advice for tailored legal advice if you really want to maximise your chances.

Agree. Excellent advice.

Posted

I have heard the story of a Thai spouse gaining residency, then claiming domestic abuse, as a way out of the marriage and further contact, quite a number of times. Indeed I have had several people warn me about it personally, as i got involved with Thai women.

Perhaps there is a well worn path for some women to do this? tricks of the trade passed on from group to group.. if so, they would know all the loopholes and what to do etc etc, making the claim of monies from the government and evidence provided of abuse an easy task for them.

i certainly wouldn't be letting her take the kid out of the country if she has lied about domestic abuse...

Having assisted two women through Domestic abuse issues, attending court with them etc... I can assure you there is no trade tricks....Without the reports from the Police and medical people she would not get the benefit especially while still in the family home...if she was in a shelter then she would get an emergency benefit.

Posted

Perhaps the OP needs to talk with his wife.....

Is it not normal for some women in various parts of Thailand to spend time with the mother after childbirth as part of the healing process.....for some this is a very strong tradition. This could explain the urgency to return to the home town.

Posted

I have heard the story of a Thai spouse gaining residency, then claiming domestic abuse, as a way out of the marriage and further contact, quite a number of times. Indeed I have had several people warn me about it personally, as i got involved with Thai women.

Perhaps there is a well worn path for some women to do this? tricks of the trade passed on from group to group.. if so, they would know all the loopholes and what to do etc etc, making the claim of monies from the government and evidence provided of abuse an easy task for them.

i certainly wouldn't be letting her take the kid out of the country if she has lied about domestic abuse...

Having assisted two women through Domestic abuse issues, attending court with them etc... I can assure you there is no trade tricks....Without the reports from the Police and medical people she would not get the benefit especially while still in the family home...if she was in a shelter then she would get an emergency benefit.

I would have to disagree...There are always 'tricks of the trade'...in any facet of life...IMO 'tricks of the trade' simply means knowing the system and how it can be used for benefit or expediency to oneself, or to facilitate a speedy resolution or outcome to a given situation.

Whether or not the OPs post is genuine, or the claims are genuine, i have no idea. Whether the stories i have heard about overseas spouses are genuine or urban myth I also have no idea. Perhaps the stories told to me are urban myth, passed along as fact.

I don't personally know any thai women who have been through this process,I can say however, that like yourself, i have known several Australian women (3) who have been through the domestic abuse process with police and court and marriage separation....The process they went through was laborious and difficult to navigate. However, these women would all agree that they would have benefited from hindsight in how they dealt with documentation and reporting issues for their situations and other small things which would have made it easier for them.

Knowing how the system works would make a false claim of abuse relatively easy, if you were that way inclined.

Posted

I have heard the story of a Thai spouse gaining residency, then claiming domestic abuse, as a way out of the marriage and further contact, quite a number of times. Indeed I have had several people warn me about it personally, as i got involved with Thai women.

Perhaps there is a well worn path for some women to do this? tricks of the trade passed on from group to group.. if so, they would know all the loopholes and what to do etc etc, making the claim of monies from the government and evidence provided of abuse an easy task for them.

i certainly wouldn't be letting her take the kid out of the country if she has lied about domestic abuse...

Having assisted two women through Domestic abuse issues, attending court with them etc... I can assure you there is no trade tricks....Without the reports from the Police and medical people she would not get the benefit especially while still in the family home...if she was in a shelter then she would get an emergency benefit.

I would have to disagree...There are always 'tricks of the trade'...in any facet of life...IMO 'tricks of the trade' simply means knowing the system and how it can be used for benefit or expediency to oneself, or to facilitate a speedy resolution or outcome to a given situation.

Whether or not the OPs post is genuine, or the claims are genuine, i have no idea. Whether the stories i have heard about overseas spouses are genuine or urban myth I also have no idea. Perhaps the stories told to me are urban myth, passed along as fact.

I don't personally know any thai women who have been through this process,I can say however, that like yourself, i have known several Australian women (3) who have been through the domestic abuse process with police and court and marriage separation....The process they went through was laborious and difficult to navigate. However, these women would all agree that they would have benefited from hindsight in how they dealt with documentation and reporting issues for their situations and other small things which would have made it easier for them.

Knowing how the system works would make a false claim of abuse relatively easy, if you were that way inclined.

Yeah ok

Posted

I have heard the story of a Thai spouse gaining residency, then claiming domestic abuse, as a way out of the marriage and further contact, quite a number of times. Indeed I have had several people warn me about it personally, as i got involved with Thai women.

Perhaps there is a well worn path for some women to do this? tricks of the trade passed on from group to group.. if so, they would know all the loopholes and what to do etc etc, making the claim of monies from the government and evidence provided of abuse an easy task for them.

i certainly wouldn't be letting her take the kid out of the country if she has lied about domestic abuse...

I can't comment on her gaining financial benefits.

There are as you say though "tricks of the trade" to obtain residency.

Especially through the "domestic abuse" route. It's been happening

for donkey's years and still goes on.

Obviously not all cases are "rorts" and there are genuine ones.

But to say or think it doesn't happen is naive in my opinion.

Regards

Will

Posted

I can't comment on her gaining financial benefits.

There are as you say though "tricks of the trade" to obtain residency.

Especially through the "domestic abuse" route. It's been happening

for donkey's years and still goes on.

Obviously not all cases are "rorts" and there are genuine ones.

But to say or think it doesn't happen is naive in my opinion.

Regards

Will

Of course there are cases of gaining residency through domestic abuse....But this still requires some checks and measures. Outofoz is right in that it is a laborious process and this is due in some part to the checks are in place. This also requires at least 3 x Stat Decs from competent people (certain professional people such as Doctors, nurses, Psychs, etc...) to verify the claims, Police reports can substitute one of the Stat Decs.

Centrelink requires all extreme circumstances to be verified by a third party being no less than a professional Social Worker before the benefit is considered. They also have to show that victim has been removed from the abusive situation or that the person causing the abuse has been removed.

The OP claims she is getting a benefit for domestic abuse while still living with him without him being aware of it....I would find this highly unlikely if not next to impossible.

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