Emergency Need Advice About My Thai Step Daughter

[vanfan39]

This is urgent request for info my thai wife keeps threatening to go back to Thailand and leave me with the kids in England witch is fine with me I won't be blackmailed the thing is we have 2 English born kids a thai daughter, my wife says she wants to back but doesn't to take her thai daughter the little girl who is 12 doesn't want to go with her mum anyway the problem is they don't have a ilr visa we were due to do it in march but my wife has been here for 4 years, I know my step daughters visa is tied in with her mums so it will be a problem but if her leaves her here and we can't trace her in Thailand what will happen to my step daughter I am ham her legal guardian , my daughter is distraught because her mum doesn't want her and she can't legally stay with me...what are my options any advice as soon as you can please

[Mario2008]

I think that you must seem to try and get a custody arrangement over all the children in court. A judge will be reluctant to split children up, so you might get custody over all 3 children, which might give you a stronger position towards your stepdaughter staying in the UK as part of your family.

[Pseudolus]

Adopt her. Shouldn't be a problem if the mum agrees

[vanfan39]

how long would a adoption case take she could go anytime

[backsoon]

Could you make an urgent application in Court, outlining the situation and, considering you are willing to either adopt or sign custody agreement, ask for the injuction on your partner's departure, subject her executing all things necessary.

The injuction should be subject to immigration authorities resolving/approving kids status.

Hope it works for you and the Court can seize your partner's passport. That will teach her not to be frivolous.

[Mario2008]

it would be an international adoption, which would take time and must be according to Thai and UK law. It would not be granted, as the requirement is that there is a stable family live.

Getting custody over the child, not parental rights, would probably be the easiet solution.

With costudy, he takes care of the child tills she becomes of age but legally they will not be family. With parental rights, like in case of an adoption one would become the legal father with all that entitles.

[bobrussell]

Take legal advice without delay! Talk to a specialist immigration lawyer. If your wife returns and cannot be traced there is no way a child is going to be returned but it must be done properly.

We used a really good lawyer in Southampton for immigration problems with my sister-in-law. PM me if you want their contact details!

Adoption is going to be a long-drawn out process and you need to ensure her welfare in the short term before worrying about the long term!

[SantiSuk]

Take legal advice without delay! Talk to a specialist immigration lawyer. If your wife returns and cannot be traced there is no way a child is going to be returned but it must be done properly.

We used a really good lawyer in Southampton for immigration problems with my sister-in-law. PM me if you want their contact details!

Adoption is going to be a long-drawn out process and you need to ensure her welfare in the short term before worrying about the long term!

Agreed. The OP should talk to the social worker who is responsible for international adoption at his own local council (look up adoption services under the local council listing on Google or in Yellow Pages and should also talk to the Intercountry Adoption Centre [First Floor, 71-73 High Street, Barnet, Herts, EN5 5UR, Telephone: 0870 516 8742. Also read up on websites - start with these:

http://www.direct.gov.uk/en/Parents/Adoptionfosteringandchildrenincare/AdoptionAndFostering/DG_4018296

http://www.icacentre.org.uk/

But specialist lawyers are good at cutting to the chase. I found that they would offer preliminary advice on the phone free. I can also recommend a London-based international adoption lawyer if you want to pm me.

You are lucky that you are living in the UK. I found it practically impossible to adopt a child within Thailand until such time as I can demonstrate I have cut all residence ties with the UK.

Adoption agencies will tell you that the existing process can take up to 2 years when international adoption is involved, but as Mario says, it is custody taht is more important right now.