Divorced Mom Abducts Boy

[Forethat]

Some while ago I assisted a friend to undertake a quite adventurous mission during which his son was brought back from abroad where he'd been taken by his x wife.

The couple recently went through a divorce in Thailand during which they signed an agreement that the father was to gain custody of the son with visitation rights for the mother.

During a visit to Thailand the mother took the son out for 6 hours according to the agreement, but never showed up to return the boy. It is now clear that the mother has left Bangkok with the son, most likely on a minibus.

The first thought was that he'd call the police, but what should he do..?? Embassy???

[venturalaw]

Was the signed "agreement" submitted and become an order of the court? If so, it would appear that she is in violation of the order if her visitation is restricted to six hours. Was your friend assisted by an attorney when the agreement was created? If so, I would seek counsel from that attorney since he/she is familiar with your friend's case.

[Forethat]

Was the signed "agreement" submitted and become an order of the court? If so, it would appear that she is in violation of the order if her visitation is restricted to six hours.

I have no clue whether this is submitted with a Thai court or simply registered at the Amphur during the divorce.

[Mario2008]

Seems that there is an agreement as part of the divorce settlement, but one must make sure it is an official argeement. Either determined by the court or entered in the register during the divorce registration.

If it is an official agreement it could be considered kidnapping.

[MikeyIdea]

Forget embassy, this is Thailand. Foreign embassies don't know Thai family law and can generally not even advice correctly

An agreement written according to paragraph 1566-6 stating custody and visitation rights is legal also if it has not been endorsed by juvenile court. An agreement written at the back of a divorce agreement is certainly legal, there is no doubt about that.

I don't know if divorce agreement shows up in amphurs computers though (probably not) and the police will assume that mother and father have shared custody (if they have been married) until other evidence is shown (a copy of the agreement)

If this goes in front of juvenile court, then I bet that the judges will review it (if the mother asks for it), are there valid reasons for change? If the father is giving the mother visitation rights as the agreement says (and the agreement is decently fair), then it is unlikely that they will change arrangements. If he doesn't then they will

Have a lawyer check the agreement, if it indeed says that the father has sole custody with mother visitation rights, then I recommend to lay criminal charges for kidnapping. That would keep the case out of juvenile court and sends a very strong message to the mother (and her relatives) The father must bring a lawyer to the police station when he lay charges, he should make sure criminal and not civil changes are laid

The criminal court case is also good to have hanging on the mothers shoulders if this were to go to Juvenile Court

Edited November 25, 2011 by MikeyIdea