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Posted

Hi all,

circumstances briefly as follows, been married for 4 yerrs to my wife who I met in UK when she was on a stufnt visa in 2006, we have 2 very young children born in that time i n U.K.

my wife has a daugher from a previous relationship born in 2004 who is looked after by the wifes parents grand parents and siblings who are doing a very good job, however we are looking at bringing the child to U.K; full time, The childs father has had little contact with the child, my wife is in touch with the childs father as we beleieve we need him to give his consent in writing allowing us to do this and take the child out of the country, although he has stated he will do this verbally he his yet to do it.

may I ask, does anyone know if this consent MUST accompany the application to bring the child to the U.K. or is it more frt the Thai Authorities, NB I know we have other diificult issues to consider including a thorny 'Sole Responsibility' to consider, howver for this post I would like to stick to the specifics in terms of what is required as part of the application in terms of the absent fathers parental consent

many thanks

Posted (edited)

there are two ways i think of getting custody i think. one way if with the father's consent. i have just done this yesterday. we hired a solicitor, and he arranged a court date and the judge awarded my wife custody of her child ( it is called a por kor 14 ). the father did attend and we gave him two thousand baht for his troubles. this paper takes 1 month to be issued, in case the court ruling is challenged ( this is my experience ). - this is the easiet way i think - if you have the time and the father is willing.

the second way is to go to the court, with a village / town elder who may be recognised by a court and a witness - who can both speak on your behalf. do this way if the father is not around or wont help. maybe you will need two witnesses. i am not sure. maybe someone else can chip in with an answer for this one.

and yes, custody papers for the child will need to accompany the application. in this case a por kor 14.

as you said, proving sole responsibility will be more difficult. depends on how much contact your wife has had with the child.

Edited by kunash
Posted

The ECO may say your wife has left the child in the care of her family for a considerable amount of time so you may have a problem.

  • How old is the child ?
  • Do you support the child ?
  • Can you demonstrate evidence of close contact ?

Posted

You'll need to give some more information before anybody can give you some definitive answers.

To start with, was your wife married to her daughter's father? If so, when they divorced who was given custody of her daughter when they divorced? Is your wife in constant contact with her daughter, does she support her financially and, although she is living with your wife's family, does your wife have sole custody AND sole responsibility for her daughter's upbringing and the day to day decision making in her daughter's life?

As well as having custody your wife will have to show she has sole responsibility for her daughter's upbringing to be successful, and the answers to these (and probably other) questions will determine the best way for you to proceed.

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