Obtaining Parental Powers - Questions

[IronMonkey]

Hello everybody,

I hope someone that has been through the courts in Thailand before can have some suggestions to help me argue my custody case. Here is my situation:

I was legally married for more than four years with a Thai woman and we have a four year old son. Things didn’t work out and she left Bangkok to go back to her hometown to stay with her family, taking my son against my will. She agreed to a friendly divorce but called me after 19:00 to appear the following morning at the Amphur office in her hometown at 10:00. I did not have the time to get a translator and I did not do my homework. She lied to me saying that we were going to share custody but she tricked me to sign off the custody of the child over to her. As many of you know, you can always apply to regain your parental powers after the divorce and that is what I am doing now.

I have spent the last year trying to negotiate with my ex-wife to be able to send my son to an international school, get him to eat better food, get him back into Bangkok (including offering to pay for her accommodation and food here) and especially for her to let me take care of my son’s health. She said yes one day and no the next one, and even though I warned her that I would take legal action, she is still defiant and told me to go ahead.

I am very worried about my son’s health because the woman is putting him at danger. For example, the child has multiple infections in his legs that have not healed for the past six months. His bedroom is located at 40 meters from an intensive pig farm establishment housing more than 4,000 pigs. The waste from the pig farm is dumped in a lagoon 20 meters from his bedroom (major hazard to his health, however in Thailand social services and regulatory authorities don’t give a s*&8t.). The second problem is his eyesight. About six months ago I convinced her (paid her) to let me take him to the eye clinic. They prescribed him glasses and the doctor stressed in English and Thai that because of the strong astigmatism we had to bring him back for follow up otherwise his eyesight could be damaged. I went a few weeks ago for the follow up appointment but she did not bring my child and she did not answer the phone.

As I am very upset and very worried about my son I hired a lawyer to file a civil case for 50% of the custody (parental powers) so that I would have the legal right to give my son a proper health care and a proper schooling. Within two weeks from now I will be at the first hearing, so far she hasn’t replied to the summons, she is ignoring my lawyer’s calls and she didn’t come with the child to the pre-hearing.

I also hired a second lawyer when I found out about the Child Protection Act of Thailand (2003) which says in article 26 item 2 that a guardian is forbidden to deny the child things intentionally or negligently leading to possible physical or mental harm to the child. I obtained a statement from a professor specialized in pig farming about the danger my son is living with by staying so close to the pig farm but as I do not have pictures of his infections I cannot file criminally with the police as I lack evidence. However, I did have enough documents to file for the second case of neglect: not following up a health treatment, that is his appointment with the eye clinic.

I filed the police report last week with copies of my son’s medical history, payment for the eye hospital, pictures of my son with and without glasses and evidence that I went for the second appointment and she wasn’t there. At this stage what I intend to do, based on this criminal report for negligence on the part of the mother, is to ask the court for an emergency request for sole custody.

Now the problem I have and I hope someone can help me with, is the following: both of my lawyers put together know about Thai Law as much as a 10 year old. As far as I understand for me to present the court with the urgent request I need the police report to be presented to the General Attorney. However I need one more piece of evidence to include: a note from the doctor that checked my son at the eye hospital the first time and the police wants me to get it. I knew this was going to be a challenge because when I requested my son’s medical history I had to go back about three times and they were very reluctant to give it to me. They are terrified of law suits for malpractice!! When I went back for the statement from the doctor they wouldn’t give me her phone number or email and told me I couldn’t see her unless the patient (my son) was there. So I am forbidden to speak to her….

Does any of you have any suggestions as to how I can obtain the doctor’s note? I thought about a few options: 1- Get another eye specialist to give his opinion based on the medical records of my son; 2- Present my police report to the judge from the civil case and ask them if they could issue a court order; 3- Offer money to another lawyer or police to come with me to the clinic to explain why I need the statement. I do not know what to do so if anybody can come up with an idea please let me know. I only need this silly piece of paper to secure a bit more the future of my son. I appreciate any ideas or suggestions anyone can give me.

Thank you very much to you all!!

Edited March 7, 2012 by IronMonkey

[Mario2008]

You can only try to explain the doctor why you need her statement. You might not need the doctor's file at all, just the statement that the child's health is endangered and why.

Strictly speaking you might not have any right to the file, as you are not the legal guardian so handing over the file to you might be a breach of privacy (laws).

[IronMonkey]

Thank you Mario2008. I am trying to organize it with a friend that speaks both English and Thai. I am hoping the doctor will be understanding enough to help out. Best. IM>