Stopping Mother From Taking Child To Thailand

[houseinbkk]

What can be done to stop the mother of my child from taking our kid from the UK to Thailand to live, as it is being done without my consent.

[Richard4849]

You should be asking a lawyer that question.

[PattayaParent]

Call the police.

[hedonist44]

Going to have to give out more details in regards to your marriage status, names on child's birth certificate and so on before anyone here can try to help you. Other than that, just keep the kids passport hidden somewhere.

[houseinbkk]

Not married but live together, and both our names are on the Birth Certificate, she has the childs passports, both Thai and British.

If someone is determined to go there is nothing i can do physically, just curious to know legal rights and the outcomes of people in similar positions.

But yes i will speak to a solicitor as someone stated.

Edited October 14, 2011 by houseinbkk

[beano2274]

If not married you are not by Thai law the legal father unless you have been to court.

Where was the child born, and where was the birth registered?

Edited October 14, 2011 by beano2274

[dominique355]

But I guess you are recognized as the father under UK law and do have custody.

The problem is a problem of facts. If the mother has the passports, she can leave the country with the kid and nobody will stop her. So must act before that.

[houseinbkk]

If not married you are not by Thai law the legal father unless you have been to court.

Where was the child born, and where was the birth registered?

We are in the UK i realise id have no chance in the Thai courts, our child was born in Thailand and we registered the birth in both countries.

Child is a British citizen by default of me being her father.

Sucks being a father theses days you know at the end of the day there will be sweet FA i can do, might aswell be referred to as sperm donors.

Edited October 14, 2011 by houseinbkk

[ludditeman]

If not married you are not by Thai law the legal father unless you have been to court.

Where was the child born, and where was the birth registered?

We are in the UK i realise id have no chance in the Thai courts, our child was born in Thailand and we registered the birth in both countries.

Child is a British citizen by default of me being her father.

Sucks being a father theses days you know at the end of the day there will be sweet FA i can do, might aswell be referred to as sperm donors.

If you are in the UK, she needs a court order to remove your child without your permission.

Go to your local police station, report the child as abducted by the mother, and you believe she will attempt to leave the country with the child.

You will be given details on how to stop the child passing through UK immigration.

You are in the UK, this falls under UK law and is nothing to do with Thailand.

Richard is wrong, at this stage it is UK laws on child abduction that apply, lawyers may come later

Beano is wrong, Thai law is irrelevant in the UK

Dominique is wrong, a child may not leave the country without BOTH parents permission or a UK court order.

UK immigration is very lax, although you need both parents permission to take a child out of the county, they only check by, asking the child, looking at a letter from the other parent (easily forged), asking to speak to the other parent by phone (any person can answer and pretend). This is why they need to be alerted of the abduction.

Edited October 14, 2011 by ludditeman

[houseinbkk]

If not married you are not by Thai law the legal father unless you have been to court.

Where was the child born, and where was the birth registered?

We are in the UK i realise id have no chance in the Thai courts, our child was born in Thailand and we registered the birth in both countries.

Child is a British citizen by default of me being her father.

Sucks being a father theses days you know at the end of the day there will be sweet FA i can do, might aswell be referred to as sperm donors.

If you are in the UK, she needs a court order to remove your child without your permission.

Go to your local police station, report the child as abducted by the mother, and you believe she will attempt to leave the country with the child.

You will be given details on how to stop the child passing through UK immigration.

You are in the UK, this falls under UK law and is nothing to do with Thailand.

Thanks

[beano2274]

Just be very careful, all she has to say is that you were violent towards her and everything can change within seconds.

Tread carefully and be prepared for the worst, if anything good happens it is a bonus.

Edited October 14, 2011 by beano2274

[houseinbkk]

Just be very careful, all she has to say is that you were violent towards her and everything can change within seconds.

Tread carefully and be prepared for the worst, if anything good happens it is a bonus.

Sad but true.

[soundman]

Moved to family & children forum.

(similar topics in here for OP's perusal as well)

[beano2274]

If not married you are not by Thai law the legal father unless you have been to court.

Where was the child born, and where was the birth registered?

We are in the UK i realise id have no chance in the Thai courts, our child was born in Thailand and we registered the birth in both countries.

Child is a British citizen by default of me being her father.

Sucks being a father theses days you know at the end of the day there will be sweet FA i can do, might aswell be referred to as sperm donors.

If you are in the UK, she needs a court order to remove your child without your permission.

Go to your local police station, report the child as abducted by the mother, and you believe she will attempt to leave the country with the child.

You will be given details on how to stop the child passing through UK immigration.

You are in the UK, this falls under UK law and is nothing to do with Thailand.

Richard is wrong, at this stage it is UK laws on child abduction that apply, lawyers may come later

Beano is wrong, Thai law is irrelevant in the UK

Dominique is wrong, a child may not leave the country without BOTH parents permission or a UK court order.

UK immigration is very lax, although you need both parents permission to take a child out of the county, they only check by, asking the child, looking at a letter from the other parent (easily forged), asking to speak to the other parent by phone (any person can answer and pretend). This is why they need to be alerted of the abduction.

you do not need the other persons authority to take a child out of the UK, I took my son out of the UK back to Germany and was never asked, and my wife was certainly never phoned up. This was maybe a few years ago.

To get a ticket she needs money, she must have a bank account somewhere, if it is joint then stop her using the cards. If you really wanna be a sod, then if she has her own bank account phone the bank on her behalf and report her cards stolen. This gives you time to get things sorted out.

[Mario2008]

As the child has a British passport, the child was legitimized under UK law (but not under Thai law). The Uk will recognize the OP as the legal fahter. Other countries might not.

I believe Ludditeman gave the correct answer. Go to the police and get a lawyer.

[houseinbkk]

Thanks for the advice, i must add she is a very good mother/ formerly had a good job etc.. but on this one she is bang out of order you dont plan on taking a mans child away from him without discussion or his consent.

[TerryLH]

"...but on this one she is bang out of order you dont plan on taking a mans child away from him without discussion or his consent."

It doesn't matter what the mother wants?

[houseinbkk]

"...but on this one she is bang out of order you dont plan on taking a mans child away from him without discussion or his consent."

It doesn't matter what the mother wants?

She doesnt wish to discuss the situation and is not taking into account the childs or my rights.

Edited October 14, 2011 by sbk
flame removed- people are allowed to ask without being abused

[Kadafi]

If she goes through UK immigration using both her and her childs thai passports no questions will be asked, trust me! I left the UK with my son last month and no one blinked an eye lid.

However this lady is still the mother of the child, he/she was born in Thailand so she has her rights to return there with him/her. Most courts will not separate a young child from there mother, you would need to put across a very strong case to stand any chance.

[chris5346]

how did the mother and child travel to the u.k ? and there visas etc ?

on the mothers visa for uk did you tick the travelling with child box ? if not surely she can't leave with a child officially ?

do they have the same family name ? maybe doesn't make much difference because she could just show birth certificate.

you could put a hold on the u.k passport i'm sure if that helps.

did you bring the child into the u.k ?

hope it all works out for the best

[houseinbkk]

Mother has a British passport, we met here.

If you google permission to relocate abroad there is a lot of info on this, she cant just up and leave with the baby, it looks like a nice long expensive court case coming up.

Always said to myself never to get involved with Thai women be they bar girls, uni girls or hiso girls and ive been proven to be correct.

[theblether]

Your nationality and your wives nationality are irrelevant on this matter. You are under the jurisdiction of of an English court and they are primarily only interested in two things, one....are you ordinarily settled in the UK, ( which I believe you are ) and two....the provisions of the Childrens Act 2004.

If two Thais, or Americans, or Chinese, or aliens from Mars decided to move to the UK and become ordinarily resident, and one wanted to move home with the children due to family breakdown, they cannot legally do so if the other partner raises a court action to contest the move.

A bailiff will then serve an order on the person that wants to move, and if they break the order by removing the child from the courts jurisdiction then they are in breach and the child will be summonsed back to the country.

Ok, that is the pure law, in your specific case I don't know how the Thai authorities would react to a British court order demanding recall of the child. In most Western countries the recall would be enforced by the local court as most Western countries have an agreement in place to prevent such unauthorized removal of children.

Assuming that the mother does not break the court order what then happens under the Childrens Act is that she contests the order, on the basis of what she believes to be in the best interest of the child, and vice versa. A judgement will eventually be handed down and that judgement may well allow the mother to take the child back to Thailand, equally, the judgement may not. That's a matter for the courts, so to get to the court..........

Go see a lawyer on Monday.

ps Don't be kidded by anyone, the British court system don't take kindly to anyone breaking their orders, and even if your wife disappears into the fields and hills of Isaan that order will haunt her for the rest of her days. In the event that the order is enforced for recall your wife will have virtually zero chance of ever getting custody of the child again as she will always be regarded as a flight risk.

[houseinbkk]

ps Don't be kidded by anyone, the British court system don't take kindly to anyone breaking their orders, and even if your wife disappears into the fields and hills of Isaan that order will haunt her for the rest of her days. In the event that the order is enforced for recall your wife will have virtually zero chance of ever getting custody of the child again as she will always be regarded as a flight risk.

Thats the thing i believe our child is better off living with her mother as she is as good as can be at looking after her and i wouldnt try to take her away from her ever, plus i work away a lot of the time, but what i wont accept is taking her away 6000 miles to a Banana Republic with a Sky Train without my consent, it seems as if im in a position where i'll have to get some kind of court order as an insurance policy.

[beano2274]

Get it sorted in the UK and make sure she has no way of leaving the country, not seeing your kid is gonna be a nightmare, my nightmare lasted 2 years (but European wife). And women can turn a child against you very easily.

[houseinbkk]

Get it sorted in the UK and make sure she has no way of leaving the country, not seeing your kid is gonna be a nightmare, my nightmare lasted 2 years (but European wife). And women can turn a child against you very easily.

I take it you were successful in the end, courts cases in such circumstances arent exactly good for ones mind, especially as you know things are stacked up against you.

Will update as there must be people in similar circumstance.

[beano2274]

No I did not win, I let my wife keep my kids as she had somewhere for them to stay, it was a big decision, but I visited my kids a few times before I moved to Thailand, but they hardly spoke to me and seemed not to want anything to do with me. Now, it is better we communicate on FB, it is not regular contact but it is contact. I have even asked my daughter to come and visit if she wants, she is considering it.

[Mario2008]

Your nationality and your wives nationality are irrelevant on this matter. You are under the jurisdiction of of an English court and they are primarily only interested in two things, one....are you ordinarily settled in the UK, ( which I believe you are ) and two....the provisions of the Childrens Act 2004.

If two Thais, or Americans, or Chinese, or aliens from Mars decided to move to the UK and become ordinarily resident, and one wanted to move home with the children due to family breakdown, they cannot legally do so if the other partner raises a court action to contest the move.

A bailiff will then serve an order on the person that wants to move, and if they break the order by removing the child from the courts jurisdiction then they are in breach and the child will be summonsed back to the country.

Ok, that is the pure law, in your specific case I don't know how the Thai authorities would react to a British court order demanding recall of the child. In most Western countries the recall would be enforced by the local court as most Western countries have an agreement in place to prevent such unauthorized removal of children.

Assuming that the mother does not break the court order what then happens under the Childrens Act is that she contests the order, on the basis of what she believes to be in the best interest of the child, and vice versa. A judgement will eventually be handed down and that judgement may well allow the mother to take the child back to Thailand, equally, the judgement may not. That's a matter for the courts, so to get to the court..........

Go see a lawyer on Monday.

ps Don't be kidded by anyone, the British court system don't take kindly to anyone breaking their orders, and even if your wife disappears into the fields and hills of Isaan that order will haunt her for the rest of her days. In the event that the order is enforced for recall your wife will have virtually zero chance of ever getting custody of the child again as she will always be regarded as a flight risk.

The child was born in Thailand and as such a Thai court will only recognize a legitimization under Thai law, not the legitimization under British law. That doesn't mean that the OP could'nt start procedings in Thailand to be recognized as the fahter, which in the end he will and can get visitation rights (in Thailand).

Many other countries will also not recognize the legitimization under UK law, as the child was under Thai jurisdiction.

[theblether]

Your nationality and your wives nationality are irrelevant on this matter. You are under the jurisdiction of of an English court and they are primarily only interested in two things, one....are you ordinarily settled in the UK, ( which I believe you are ) and two....the provisions of the Childrens Act 2004.

If two Thais, or Americans, or Chinese, or aliens from Mars decided to move to the UK and become ordinarily resident, and one wanted to move home with the children due to family breakdown, they cannot legally do so if the other partner raises a court action to contest the move.

A bailiff will then serve an order on the person that wants to move, and if they break the order by removing the child from the courts jurisdiction then they are in breach and the child will be summonsed back to the country.

Ok, that is the pure law, in your specific case I don't know how the Thai authorities would react to a British court order demanding recall of the child. In most Western countries the recall would be enforced by the local court as most Western countries have an agreement in place to prevent such unauthorized removal of children.

Assuming that the mother does not break the court order what then happens under the Childrens Act is that she contests the order, on the basis of what she believes to be in the best interest of the child, and vice versa. A judgement will eventually be handed down and that judgement may well allow the mother to take the child back to Thailand, equally, the judgement may not. That's a matter for the courts, so to get to the court..........

Go see a lawyer on Monday.

ps Don't be kidded by anyone, the British court system don't take kindly to anyone breaking their orders, and even if your wife disappears into the fields and hills of Isaan that order will haunt her for the rest of her days. In the event that the order is enforced for recall your wife will have virtually zero chance of ever getting custody of the child again as she will always be regarded as a flight risk.

The child was born in Thailand and as such a Thai court will only recognize a legitimization under Thai law, not the legitimization under British law. That doesn't mean that the OP could'nt start procedings in Thailand to be recognized as the fahter, which in the end he will and can get visitation rights (in Thailand).

Many other countries will also not recognize the legitimization under UK law, as the child was under Thai jurisdiction.

That is not the issue. At the moment the child is ordinarily resident in the UK, therefore the English courts in this case hold jurisdiction. The Thai courts are completely irrelevant. Any posts that suggest otherwise are wrong in every sense and are dangerously misleading to anyone facing the situation the OP is facing.

Anyone reading this post, please do not be in any doubt in this matter, this is an absolute fact.

As said in my earlier post, you could be an alien from Mars, and as long as your ordinarily resident in the UK, the UK court system holds jurisdiction.

If the OP allows the child to be removed from the country without objection, then the OP will find it difficult, but not impossible, to have the child recalled.

The OP has a decision to make. If I was him I would start the court action to prevent early flight by the mother, and use the time to come to an amicable settlement.

[Mario2008]

I was responding to:

Ok, that is the pure law, in your specific case I don't know how the Thai authorities would react to a British court order demanding recall of the child. In most Western countries the recall would be enforced by the local court as most Western countries have an agreement in place to prevent such unauthorized removal of children.

[Derifo]

Just be very careful, all she has to say is that you were violent towards her and everything can change within seconds.

Tread carefully and be prepared for the worst, if anything good happens it is a bonus.

That's true. Also, think of what's best for the child.

My neighbor ran off with her child from Europe 13 yrs ago, and the father hasn't contacted her since. If you see the boy, you'll know he needs his dad and the mother knows she made a big mistake, but she did it without thinking.

Try to make her reason with you, although it's hard if the people back here keep calling to instigate her into coming back home with the baby. That was what happened to the woman in my story ( she wasn't getting enough pocket money to send back home to her family ).