American Father Taken Baby To Us Without Mother'S Consent

[brobro2424]

I have had a search on here for info... maybe I've searching the wrong keywords.

A friend of mine (not GF) had a baby with an American guy 2 year ago. Then 1 year ago he returned to the US with their kid without telling her - just told he was going out shopping. Never came back.

She hoped that he would be coming back and over their continuing regular skype calls he threatens that if she goes to the police then he wont be able to return to Thailand and she'll never see her son in person again. The skype chats are the only way she sees her kid (unless he's in a bad mood in which case he won't let her see him).

They are not married but he has his name on the birth certificate. I have learnt so far that under Thai law if they aren't married then his being the father counts for little. Is there any hope of her getting the kid back? Would it be a case of going over to the US and starting the case there?

Thanks in advance

[Mario2008]

The question is whether the child has a US-passport or not. Having a US-passport would indicate that the fahter legitimized the child under US-law. If the child has no US passport, this is a pure and simple case of kidnapping as the person holding the child has no legal right to do so.

Yes, a case would start in the US as the US is not a party to treaties on parental child abduction. But first step would be to file a police complaint in Thailand.

The direction this will tka wil very much depend on the fact if the child has a US-passport or not.

[brobro2424]

Is it possible that a US passport could have been arranged for the child before the child had departed Thailand? The child had not been outside Thailand up until that point.

[Mario2008]

Did the child have a Thai passport, for which the mother had to agree?

Apperently both parrents must sign for a US-passport. The same goes for applying for a consular report of birth in person.

http://www.travel.state.gov/passport/get/minors/minors_834.html

http://bangkok.usembassy.gov/service/birth-of-a-u.s.-citizen-in-thailand.html

Chances are the child is not legitimized and this will be treated as a normal kidnapping case, unless steps were taking in the US.

[brobro2424]

The child left Thailand so must have one of the other, or be included on his father's US passport. I will enquire, thanks Mario

[Daewoo]

Hi Brobro2424...

I don't know you or your friend, but I will offer you one piece of advice if I may... don't spend too much mental effort trying to get to the bottom of this... time and time again I have become involved in trying to help a Thai woman, based upon her decription of some crazy and inconceivable situation, only to find out the true story is totally different...

It may not be the case in this instance of course, in which case I hope you/she can work it out...

As above, I find it hard to believe that she didn't know something, as she would have had to sign either a Thai or US Passport application, unless he forged her signature (on a US Passport app), which would mean (if I understand US Law Federal Prison time)...

Cheers,

Daewoo

Edited March 1, 2012 by Daewoo

[brobro2424]

Good point. Thanks for the reminder. I will verify the story with her more before posting again.

[BigBikeBKK]

I assume the child has a US passport. How else would the father get the child into the US without a passport?

If you check the US Embassy website it explains how an unmarried American father can obtain a passport for their child even if the mother is not present.

Edited March 1, 2012 by BigBikeBKK

[Mario2008]

Which says that both parents must apply, or a notarized consent form from the non-appearing parent. That would mean a document was forged, which would be a federal offence.

[BigBikeBKK]

Which says that both parents must apply, or a notarized consent form from the non-appearing parent. That would mean a document was forged, which would be a federal offence.

We must be looking at different information?

Here's what I read regarding

Acquisition of U.S. Citizenship by a Child Born Abroad

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
   
2. The father had the nationality of the United States at the time of the person’s birth;
   
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
   
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
   
5. While the person is under the age of 18 years --
   
   • the person is legitimated under the law of his/her residence or domicile,
     
   • the father acknowledges paternity of the person in writing under oath, or
     
   • the paternity of the person is established by adjudication of a competent court.
     

Source: http://www.travel.state.gov/law/citizenship/citizenship_5199.html

[Mario2008]

http://bangkok.usembassy.gov/service/birth-of-a-u.s.-citizen-in-thailand.html

When you come for your appointment, please bring:

• Your child-your child, even a newborn, must appear in person at our office at the time you make the application. There are no exceptions for this requirement.
  
• Both parents (or a notarized consent from the non-appearing parent)