Mentally Unstable Mother And Child Custody

[UKfather]

Hello

I would be extremely grateful for any some guidance and advice. I will try to stick to the brief facts of my situation here....

Brief history

Uk father and Thai mother - married in the UK in 2007, but not married in Thailand.

I have a three month old daughter born in Thailand.

After several weeks of erratic behaviour and poor care of our daughter, mother left family home for six days with no means of contacting her. Returned still very unstable, and was later involuntarily admitted to Somdet psychiatric hospital, and diagnosed bipolar.

Mother remained in hospital for two weeks, and is now with family in northern Thailand.

I have since found out my wife has a history of Yaba use, and was in a Chiang Mai psychiatric hospital in Chiang Mai in her early twenties for rehab.

Likely use of Yaba during pregnancy, and again following birth of child.

I have logged the initial abandonment from the daughter with the police, and have written documentation from the police to confirm this.

Daughter living with me with full time nanny.

Questions

Custody - If I leave Thailand and head back to the UK with my daughter will I be stopped at the airport without written consent from my wife?

Is it necessary to get sole custody through the courts.

Am I entitled to sole custody?

What are my rights - if any?

Do I need to see a lawyer, or shall I simply get on a plane?

I am VERY worried that my wife will try and snatch my daughter as she becomes increasingly desperate.

Thanks for any help people.

[Mario2008]

THe fact that you are married in the UK makes that you are also married according to Thai law. (Although if not registered at the amphur, it will take a little more efford to rpoof the marriage. Nothing more).

Yes, you can. Now Thai immigration can ask for proof of consent of the other parent if you are traveling with your child alone. There was a recent report of that happening, but doesn't happen that often.

Do note that leaving Thailand will only change that a custody battle must be fought out in the UK.

It is not necesarry to go to court, but than you would need to file for divorce and as part of the divorce settlement the mother can sign the custody over to you. The problem is that the mother must agree, but if she does you can be divorced and have sole custody within one hour. (After having registered your UK marriage in Thailand and having a lawyer drawn up an agreement about the custody).

In Thailand sole custody is rare, the norm is joined custody with one parent being the primary caretaker. Sole custody can only be obtained if the mother is incapable or even a danger to the child. Her history and diagnosis gives you a good chance on getting sole custody, provided you can proof it. In essence a psychiater that is willing to state he deems her a danger to the child or not capable of taking care of the child.

The police report was a good move, and I advise you to start documenting everything that happens. If it comes to a court case that will be very important.

Thai law and the judges are on the side of the child. The question is where you want to have a future, in Thailand or the UK.

Protection against the mother snatching the child you will have to do yourself. The law is on your side and if a child is in danger Thai police can act very swiftly, but they cannot prevent it happening.

[UKfather]

Hi Mario

Thanks for your advice. I appreciate it.

I have no idea what the wife will or won't agree to, but she hasn't shown a great deal if interest so far.....