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Posted

Guys i need urgent help. I have a son 16months old, my GF who is stateless has decided to go back to her no good druggy ex. I want to obtain a passport UK for my son but can it be done without the mothers permission? after all i am the dad and i am a Brit. Chiang Mai consulate are very nice but they have changed conditions for my sons passport twice and now want my ex GF to turn up with her temporary ID card even though she is not Thai. Needless to say she wont unless i pay and she has stole nearly everything we had already. Fact is i want to stay here in Thailand but if things get any worse for my son who was black and blue 3 weeks ago i want the ability to take him back home to the UK as a last resort for his protection . By the way she hardly takes care of my son she has dumped him with the Mother in law who actually is nice.

Posted (edited)

Don't know about the British side but you could petition the court here for sole custody according to Thai law. Should not have to cost more than 30,000 bath and take 6 months or so. You need copy of your childs birth certificate, copy of mothers temp id card, missing persons police report or address of mother. You should formally sue first, then take possession of the child and not let mother or grand mother access until court case is completed. Never mind if mother comes to court to defend herself or not to be honest (well, you won't get sole custody awarded if she does)

Start gathering formal evidence of child abuse, video, recordings, hospital bills. Next time child is hurt, tell the grand mother that you will take the child to hospital, go to the police station with the child on the way (bring the BC and your passport), make a complaint, get the obligatory paper needed to get the child checked by doctor "for legal use", off to hospital and get childs condition documented

Formal sole custody according to Thai law granted and I would expect that the mother won't be needed to get you a British passport for your child

Edited by MikeyIdea
Posted (edited)

according to the law of the land, you are not the father, you were not married to her.

Is your name on the Birth Certificate?

Am not trying to get into an arguement with you, am just asking you for the facts, as it will help others who want to comment to know the facts.

Edited by beano2274
Posted

Per above two posts you will need to become the lagal fahter first and then petition the court for sole custody over the child. Docuemtn everything, as you will only get it if the mother is deemed to be unfit to take care or a danger to the child. If the child is in danger the Thai courts can act very swiftly.

Posted

Yes but the Thai courts can give custody to anyone in the family, so make sure you get the registration done as the legal father.

Since the baby is not Thai, as the mother is stateless, maybe they will not interfere, but you never know with Thailand.

Posted

Yes but the Thai courts can give custody to anyone in the family, so make sure you get the registration done as the legal father.

Since the baby is not Thai, as the mother is stateless, maybe they will not interfere, but you never know with Thailand.

You are exactly right about its up to the Thais to get involved or not. Thankfully the family court prosecutor in Chiang Rai decided to help resolve the matter, after her continuously lying for 3 hours she tripped her self up so many times the courrt went against her but i made an agreement (Yeh I know STUPID is the word you are looking for) she took care of the child 4 days a week and i the weekends but the very first week she didnt bother turning up to pick him up, so, back to court where she stormed out saying she gave me my son 100% but later refused to sign the court papers. 2 weeks later i had an accident and the mother in law came to the hospital and took my son away and now my ex refuses to give him back. Back to court again this friday.

Excuse me guys and thanks for the help but i want to know about the passport and i am on the BC she has admitted in court many times that i am the father of my son and has signed documents to that fact.

Posted

You make it now sound as if you have shared custody with the child and was legitimized as the father by the court. It is ill-advised to just take the child and run to the UK. You could wind yourself up in a whole lot of trouble by doing that. If the mother is a danger to the child you have a very strong case to get sole custody over the child. If he current lover uses drugs, it will not be looked kindly upon. But you need to have proof of such things. Document everything and get a good lawyer.Also if the mother has custody, it means she has to take care of the child herself. If she let somebody else take care of the child, including the motehr in law, you can simply take the child away and take care of the child yourself. A child is being taken care of by the parents, as you both have custody. She can't let the grandmother take care of the kid if you want to take care of the child yourself.

Posted

You make it now sound as if you have shared custody with the child and was legitimized as the father by the court. It is ill-advised to just take the child and run to the UK. You could wind yourself up in a whole lot of trouble by doing that. If the mother is a danger to the child you have a very strong case to get sole custody over the child. If he current lover uses drugs, it will not be looked kindly upon. But you need to have proof of such things. Document everything and get a good lawyer.Also if the mother has custody, it means she has to take care of the child herself. If she let somebody else take care of the child, including the motehr in law, you can simply take the child away and take care of the child yourself. A child is being taken care of by the parents, as you both have custody. She can't let the grandmother take care of the kid if you want to take care of the child yourself.

Thank you Mario, i did share custody with her then she told all in the court she did not want the hassle and said i could keep my son full stop but she did not return to the court office to sign the paper. The court did recognise my son and me as the father and they drafted a contract to that fact that everyone including the ex signed but thats as far as they coud go as we both are not Thai. I am going to see my son this weekend defying all the death threats and if they dont give me access i will go to the police as i still have the original custody papers with my entitlement to custody at weekends. i dont want to run to the UK but i want the option should things get worse. Mario can i get my son a Brit passport without the ex's input?

Posted

Contact the British embassy/consulate and see what they can do. Stress that the mother is stateless and the child currently has no ID-card or anything and you are acting on behalf of the child.

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