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Posted

I never thought I would have to do this but my back is to the wall, so to cut a long story short my , I was married to a thai national and we have a 7 yr old son , Both of whom have lived in the Uk Scotland before we divorced and part of the settlement was I had a court order for child access and she couldnt leave the UK without my permission.For the well being of my son I agreed , I then changed jobs and was able to go and visit every 2nd month which suited me fine. After 2 years all the divorce money was spent and the tricks and lies then started for more money. I refused and said she should get a job . I went back to work and came back to Thailand a month later ,to discover that she had sold her car and left Thailand with my son and entered the UK .(Both are UK passport holders)This is where the problem starts , I thought no problem ...I was in for a shock .

I asked the Bank if they could tell me where the last transaction took place .....SORRY DATA PROTECTION ACT ..... I then tried Citizens Advice they advised me to contact the salvation Army who offer a free tracing service , unfortunately it is only for people over the age of 18 . I was then advised to get a private investigator , ( which I have not done yet ) Just after that I have been contacted by the Child Support Agency to ask where I am working and that I was going to be paying 15% of my wages to a woman that wont let me contact my son .!!!!!! I asked if she could tell me where they are living and was told yes you have guessed it DATA PROTECTION ACT ......... I said that I have been paying every month regardless even when I didnt need to including private school and BUPA and insurances , It was met with a that was then and this is now ....I feel so frustrated someone who is not even a UK citizen has more rights than me .And my intention is to not pay if I cant get access to my son , Severe I know but I am fortunate that I can work overseas and I my wages will not be traceable. This way there will be no winners .....But I dont know what to do for best ..

Can anybody give me any advice that could get me access to where they are living so that I can get the court order enforced ..

Thanks C

.

Posted

Child support is for the child, not for the ex-wife. As for working off-shore, a court order regarding paying of maintenance can be enforced in almost any country due to an international treaty.

Your problem is to get acces to your child, focus on that. The law makes no connection between paying child support an access to your child. For you it is of course connected, but for the government not.

The citizensadvice bureau should be able to tell you how which steps you best can take to gain access to your child, execution of the court order. Another line might be social services. There is also a group consisting of fathers who are being denied access to their child. They were in the news when one of them climbed on Buckingham Palace a few years ago.

Posted
(Both are UK passport holders)
I feel so frustrated someone who is not even a UK citizen has more rights than me

Am I missing something ?

But I concur with Mario, CAB is the place to start.

Posted

I can tell you this ,she isn't working .That is why the CSB are on your case so fast. CS is more about saving social security money than caring for the kid.

Posted (edited)

tamsloon - What you need to do in England I don't know but you can easily close the door to Thailand

1) Assuming that you have evidence (copy of Thai birth certificate with childs name and your name as father on it). Sue the mother for sole custody in Thailand (and legitimization if you are not legitimized yet). The mother has to come back to Thailand to defend herself or she will eventually lose custody. You will most likely get sole custody awarded if the mother took the child out of Thailand without the fathers permission if she doesn't come back to defend herself (one parent can veto that the other parent takes a 7 year old child from Thailand), unlikely that you will get it if she does come back to defend herself

2 possible options;

If the mother comes back to defend herself - You can at least force that child does not leave Thailand. Child alimony no more than 5,000 bath per month. If mother wants to go back to England, then she has to hand over child to you (if you are in Thailand of course). The mothers relatives are nothing according to Thai law, the same apply to your relatives or people you hire to take care of the child

If the mother does not come back - After you get sole custody awarded, sue mother for kidnapping of your child. This is a valid path according to Thai law and it is criminal law so it's a serious offence. She will be picked up if she comes to Thailand

You are in a better position to push your right to your child in an English court of you have been granted sole custody in Thailand

Edited by MikeyIdea
Posted

Years ago the German Government contacted me to pay Maintenance for my two children, I proved to them that I was earning under the legal limit required, so did not have to pay a cent.

Posted

Why not type her name in google, or his?

Telephone books are another good way, if you have an idea about which area.

How about Council Tax payments, surely she must be paying them somewhere.

Posted

tamsloon - What you need to do in England I don't know but you can easily close the door to Thailand

1) Assuming that you have evidence (copy of Thai birth certificate with childs name and your name as father on it). Sue the mother for sole custody in Thailand (and legitimization if you are not legitimized yet). The mother has to come back to Thailand to defend herself or she will eventually lose custody. You will most likely get sole custody awarded if the mother took the child out of Thailand without the fathers permission if she doesn't come back to defend herself (one parent can veto that the other parent takes a 7 year old child from Thailand), unlikely that you will get it if she does come back to defend herself

2 possible options;

If the mother comes back to defend herself - You can at least force that child does not leave Thailand. Child alimony no more than 5,000 bath per month. If mother wants to go back to England, then she has to hand over child to you (if you are in Thailand of course). The mothers relatives are nothing according to Thai law, the same apply to your relatives or people you hire to take care of the child

If the mother does not come back - After you get sole custody awarded, sue mother for kidnapping of your child. This is a valid path according to Thai law and it is criminal law so it's a serious offence. She will be picked up if she comes to Thailand

You are in a better position to push your right to your child in an English court of you have been granted sole custody in Thailand

They were marreid, so he is the lagal father. But it seems the divorce was in the UK:

part of the settlement was I had a court order for child access and she couldnt leave the UK without my permission

There seems to be no reason why a Thai court should pick-up the case, although it is worth inquiring about if the OP does have a case in a Thai court. But other than the nationality there seems to be currently no connection to Thailand.

Posted

Child support is for the child, not for the ex-wife. As for working off-shore, a court order regarding paying of maintenance can be enforced in almost any country due to an international treaty.

Your problem is to get acces to your child, focus on that. The law makes no connection between paying child support an access to your child. For you it is of course connected, but for the government not.

The citizensadvice bureau should be able to tell you how which steps you best can take to gain access to your child, execution of the court order. Another line might be social services. There is also a group consisting of fathers who are being denied access to their child. They were in the news when one of them climbed on Buckingham Palace a few years ago.

Thanks for your advice , i have been in touch with the CAB and they said to try the Salvation Army which I have done , but they cant assist if the child is under 18 yrs old , I have also spoken to a solicitor ,and was advised to get a private investigator ( which I am reluctant to do just yet ), I need to try and narrow down where they are living and then look at going down that route. I have also been in touch with the Royal Thai embassy in the event that my ex would have registered with them or voted in the recent elections ,But I was informed that there is no requirement for Thais to register with the Embassy .

As for using a Thai court I dont want to go down that route as I am happy enough for my son to stay in Uk all I want is access,

As for Google I tried that along with facebook ( she closed her account) Council tax she is allegedly sharing a house with another single Thai woman who also has a kid the same age.so council tax and phone books are out.

As for paying what I am due I have no problem with that . My problem is paying and not getting access .

Regarding my quote ........

Quote I feel so frustrated someone who is not even a UK citizen has more rights than me.

My ex is a Thai national born in Thailand who only through a relationship with me has a UK passport .If you ask her if she is British or Thai , you dont need to guess which one she will say.

I would like to thank everybody who has posted to try and help me , I know I face an up hill struggle but I will persevere . I will also get intouch with the fathers for justice and see if i can get any pointers from them .Once again a big thanks C

Posted
part of the settlement was I had a court order for child access and she couldnt leave the UK without my permission

I am not sure that is a door stopper. I just don't think that a Thai court will care that much about the divorce in England and what was said there. Juvenile court tend to see a new case to be considered according to new circumstances. Let's put it like this; A juvenile court would see a new circumstance given enough reason to do so

I understood it as the mother and the child was living in Thailand. The father must have given the mother permission to leave England with the child and she did, they moved to live in Thailand. The father came to Thailand to see his child and found that his son was gone. The mother had taken him out of the country without telling the father.

IF that is how it can be seen, then I think a Thai juvenile court would take it up

Posted (edited)

In UK father has no enforceable rights over children.

Family court man = bad, woman = good.

Never take any foreign woman into UK, USA, Canada, Australia she will be entitled, you will be victim.

Forget child, move abroad.

Hard but best option for father.

Family court has no concern about evidence, woman always believed for safety of child and woman.

Any court order you get in UK can be overturned by social services, no appeal, no participation on you part.

Get new court order, woman can play same game again.

Edited by OlafStapleton
Posted

if you have certain info and the childs name why not put a small personel message in a national newspaper,with a p.o.box no.there are plenty of nosey people will know them.:unsure:

Posted

I feel for you mate, I really do. I was hit by the CSA for child support arrears 2 years ago. I haven't seen my son for over 7 years. I have no problem supporting him, but would like to see him! They (CSA) were not the slightest bit interested in that aspect of it. They just collect money (£674 every 4 weeks for 2 years!). I've just come out of that 2 year slog to maintain my life and pay that at the same time.

I still have absolutely no idea where my son lives.

As for your wife not being a UK citizen, if she's got a UK passport then she is a UK citizen, she may well be Thai by birth but she's also a UK citizen now, like it or not.. That's what all that paperwork was for in the settlement process!

Hope you find your kid, it's a big hole in my life.

All the best,

Biff

Posted

Thanks for that Biff , I still have a couple options left , If and when I find him I will keep you posted about how I did it .

Regards C

I feel for you mate, I really do. I was hit by the CSA for child support arrears 2 years ago. I haven't seen my son for over 7 years. I have no problem supporting him, but would like to see him! They (CSA) were not the slightest bit interested in that aspect of it. They just collect money (£674 every 4 weeks for 2 years!). I've just come out of that 2 year slog to maintain my life and pay that at the same time.

I still have absolutely no idea where my son lives.

As for your wife not being a UK citizen, if she's got a UK passport then she is a UK citizen, she may well be Thai by birth but she's also a UK citizen now, like it or not.. That's what all that paperwork was for in the settlement process!

Hope you find your kid, it's a big hole in my life.

All the best,

Biff

Posted

Yes you are correct , they are the next to last options that I have , i will be doing that as soon as I get back onshore , I am not expecting the police to be too helpful, but I have to try every option , Thanks for taking the time to post , as I am struggling to stay focussed and think clearly .

Regards C

Police? Missing Persons?

Posted

Thanks for that Biff , I still have a couple options left , If and when I find him I will keep you posted about how I did it .

Regards C

I feel for you mate, I really do. I was hit by the CSA for child support arrears 2 years ago. I haven't seen my son for over 7 years. I have no problem supporting him, but would like to see him! They (CSA) were not the slightest bit interested in that aspect of it. They just collect money (£674 every 4 weeks for 2 years!). I've just come out of that 2 year slog to maintain my life and pay that at the same time.

I still have absolutely no idea where my son lives.

As for your wife not being a UK citizen, if she's got a UK passport then she is a UK citizen, she may well be Thai by birth but she's also a UK citizen now, like it or not.. That's what all that paperwork was for in the settlement process!

Hope you find your kid, it's a big hole in my life.

All the best,

Biff

Thanks :)

Posted

All I have to say is not at all helpful but as a father of an 8 year old boy who means more to me than everything I've had combined -- including my own life -- I feel compelled to say it:

You have my deepest sympathies and my very best wishes for success in finding him.

Posted

Thanks your comments are appreciated ....C

All I have to say is not at all helpful but as a father of an 8 year old boy who means more to me than everything I've had combined -- including my own life -- I feel compelled to say it:

You have my deepest sympathies and my very best wishes for success in finding him.

Posted

Yes you are correct I was loosing focus , thanks for your common sense approach and taking time out to give me advice.

Child support is for the child, not for the ex-wife. As for working off-shore, a court order regarding paying of maintenance can be enforced in almost any country due to an international treaty.

Your problem is to get acces to your child, focus on that. The law makes no connection between paying child support an access to your child. For you it is of course connected, but for the government not.

The citizensadvice bureau should be able to tell you how which steps you best can take to gain access to your child, execution of the court order. Another line might be social services. There is also a group consisting of fathers who are being denied access to their child. They were in the news when one of them climbed on Buckingham Palace a few years ago.

Posted

I thought of that as well but I would need to try and find out what region they are living in , before I was to do it , as I dont think a national paper would be effective , Thanks for posting .C

if you have certain info and the childs name why not put a small personel message in a national newspaper,with a p.o.box no.there are plenty of nosey people will know them.:unsure:

Posted

Thanks for your interesting post, but I have to cover every option and more, before I take the route of moving abroad , I would not like to meet my son in 10 years time, and he was to ask me why I didnt try and find him ,It is a huge void in my life just now and I have to try and fill it . C

In UK father has no enforceable rights over children.

Family court man = bad, woman = good.

Never take any foreign woman into UK, USA, Canada, Australia she will be entitled, you will be victim.

Forget child, move abroad.

Hard but best option for father.

Family court has no concern about evidence, woman always believed for safety of child and woman.

Any court order you get in UK can be overturned by social services, no appeal, no participation on you part.

Get new court order, woman can play same game again.

Posted

Thanks for the post but I dont want to go down the Thai court route , that would only be a pocket filler for solicitors . and I need to focus on where they are staying now which is the Uk somewhere .Thanks for the post . C

tamsloon - What you need to do in England I don't know but you can easily close the door to Thailand

1) Assuming that you have evidence (copy of Thai birth certificate with childs name and your name as father on it). Sue the mother for sole custody in Thailand (and legitimization if you are not legitimized yet). The mother has to come back to Thailand to defend herself or she will eventually lose custody. You will most likely get sole custody awarded if the mother took the child out of Thailand without the fathers permission if she doesn't come back to defend herself (one parent can veto that the other parent takes a 7 year old child from Thailand), unlikely that you will get it if she does come back to defend herself

2 possible options;

If the mother comes back to defend herself - You can at least force that child does not leave Thailand. Child alimony no more than 5,000 bath per month. If mother wants to go back to England, then she has to hand over child to you (if you are in Thailand of course). The mothers relatives are nothing according to Thai law, the same apply to your relatives or people you hire to take care of the child

If the mother does not come back - After you get sole custody awarded, sue mother for kidnapping of your child. This is a valid path according to Thai law and it is criminal law so it's a serious offence. She will be picked up if she comes to Thailand

You are in a better position to push your right to your child in an English court of you have been granted sole custody in Thailand

They were marreid, so he is the lagal father. But it seems the divorce was in the UK:

part of the settlement was I had a court order for child access and she couldnt leave the UK without my permission

There seems to be no reason why a Thai court should pick-up the case, although it is worth inquiring about if the OP does have a case in a Thai court. But other than the nationality there seems to be currently no connection to Thailand.

Posted

Yes you are right there , the lady i spoke to was sympathetic , but as you say CSA is all about extractng money from you .C

I can tell you this ,she isn't working .That is why the CSB are on your case so fast. CS is more about saving social security money than caring for the kid.

Posted

All I have to say is not at all helpful but as a father of an 8 year old boy who means more to me than everything I've had combined -- including my own life -- I feel compelled to say it:

You have my deepest sympathies and my very best wishes for success in finding him.

Ditto

Posted

All I have to say is not at all helpful but as a father of an 8 year old boy who means more to me than everything I've had combined -- including my own life -- I feel compelled to say it:

You have my deepest sympathies and my very best wishes for success in finding him.

Ditto

+3.

Don't give up. You may be qualified for legal aid in order to pay for a lawyer to do all the running while you're off-shore, and you may be lucky enough to end up in front of a judge who is as sick of these kinds of actions as most reasonable people are. The group Fathers 4 Justice may be able to offer you some meaningful practical advice.

Posted

Don't give up. You may be qualified for legal aid in order to pay for a lawyer to do all the running while you're off-shore, and you may be lucky enough to end up in front of a judge who is as sick of these kinds of actions as most reasonable people are. The group Fathers 4 Justice may be able to offer you some meaningful practical advice.

Fathers4Justice, waste of time, need to PAY before you can read forum, to find useless.

While off-shore you will be refused UK legal aid, they make excuse to not give.

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