Wife Told Lies And Abducted Our Son

[cjchaos]

I've been researching other cases and it is possible to win. I'm taking her to Thai Court.

She still isn't allowing communication to be open, so it is breaching Thai Law on abusing parental power.

I also found some old blackmailing for money SMS and I have the social networking evidence to prove she was talking to other men when she was with me.

I also have evidence of her violence and lies. I don't think she can afford a lawyer. I can win this case.

What happens in Thailand if she doesn't attend court? would police to looking for her? I'm not sure on this.

I guess I can ask my Lawyer, but I doubt it would look good for her.

I got this from embassy website, If the person exercising parental power (either the mother or father) is judged by the Thai court to be incompetent, abuses their parental power or is guilty of gross misconduct, the court may order the removal of ‘parental power’ either partly or wholly.

I'd say I have a good case for custody. Usually it is hard to win but she's acted insane and done many bad things.

FCO also told me if she leaves to another country with Hague Conference I can enforce this, even though she went to Thailand now.

Id say it's a matter of when rather than if.

Edited June 5, 2012 by cjchaos

[Nip]

I've been researching other cases and it is possible to win. I'm taking her to Thai Court.

She still isn't allowing communication to be open, so it is breaching Thai Law on abusing parental power.

I also found some old blackmailing for money SMS and I have the social networking evidence to prove she was talking to other men when she was with me.

I also have evidence of her violence and lies. I don't think she can afford a lawyer. I can win this case.

What happens in Thailand if she doesn't attend court? would police to looking for her? I'm not sure on this.

I guess I can ask my Lawyer, but I doubt it would look good for her.

I got this from embassy website, If the person exercising parental power (either the mother or father) is judged by the Thai court to be incompetent, abuses their parental power or is guilty of gross misconduct, the court may order the removal of ‘parental power’ either partly or wholly.

I'd say I have a good case for custody. Usually it is hard to win but she's acted insane and done many bad things.

FCO also told me if she leaves to another country with Hague Conference I can enforce this, even though she went to Thailand now.

Id say it's a matter of when rather than if.

Take it from me ... You have absolutely no hope of winning in a Thai court. I have been down this rocky road. And even when my daughters mother legally signed her over to me and she was banged up for 10 years in prison the court still recognised her rights and what she did she makes your wife look like the sugar plum fairy. I now have full custody. Save your sanity, time and money. You have been given good advice take it. Scam her back to the UK by whatever means necessary and fight her on your turf. No Thai court is going to rule in your favor. If she does not turn up in court no Thai police man even if you have an arrest warrant is going to bother his ass looking for her unless you cough up a lot of money. She is the child's mother and in Thai law you have no rights. The fact that she lies and cheats does not in the eyes of the Thai law make her a bad mother I wish you good luck but be advised that quoting sections from the criminal and civil codes to police lawyers and judges is pointless. Whatever about damaging e-mails and sms's. I believe that the other biggest problem in Thai law is the fact that 'precedence' is not applicable in the courts! Scam her. Appeal to the greed that plagues this society!

[Mario2008]

If she doesn't attend court, it will mean that several summons wil be issued to try and get her to court, before a judge will make a ruling. So it will take extra time.

[Nip]

If she doesn't attend court, it will mean that several summons wil be issued to try and get her to court, before a judge will make a ruling. So it will take extra time.

No amount of summons's will make turn up if she does not want to and then even if he does get a ruling against her she can ignore that and subsequent arrest warrants too. Thing is YOU have to find her and find somebody to serve her and then a police man to arrest her. It wont happen.... Winning in court here means nothing because the ruling is seldom enforced ....

[Mario2008]

It very much depends on the police in question. Normally the plice will not give it a priority and and are reluctant to get involved in family disputes. On the other hand, if a child is in danger they can and will act very swiftly.

[cjchaos]

Ok Through some intelligence I have found she has applied a visa to America. I never actually approved of my son to travel there. More abuse of parental power. I suspect she must have met an American somewhere, the internet? Pattaya? I have no idea! but one things for sure! I caught it early and will inform the borders! Can you honestly see her winning now?

Worst case scenario, something fuc_ks up she gets a visa to America and takes my son there, FCO have already said to me if she takes my son to a Hague convention country I can envoke it.

I have a general fear for my sons safety, she must be crazy to do things like this! she could have been talking to a sex trafficker before I know.

I cannot let this go on, do you advise I should get a flight there as an emergency and get a court case ASAP!?

[Geekfreaklover]

You're on the right track. Thaivisa is where this will be sorted out. Keep up the posts. The more you post, the closer you are to a solution.

what?

i beg to differ, this will be sorted in the courts or on thee ground. Not thaivisa, though some good advice may be had here.

Briggys was being 'dry' I think.

[Geekfreaklover]

Ok Through some intelligence I have found she has applied a visa to America. I never actually approved of my son to travel there. More abuse of parental power. I suspect she must have met an American somewhere, the internet? Pattaya? I have no idea! but one things for sure! I caught it early and will inform the borders! Can you honestly see her winning now?

Worst case scenario, something fuc_ks up she gets a visa to America and takes my son there, FCO have already said to me if she takes my son to a Hague convention country I can envoke it.

I have a general fear for my sons safety, she must be crazy to do things like this! she could have been talking to a sex trafficker before I know.

I cannot let this go on, do you advise I should get a flight there as an emergency and get a court case ASAP!?

If you know she has applied for a visa you must know where she is. Why don't you go and see her rather than rush to another couintry that she may not travel to?

[simple1]

Ok Through some intelligence I have found she has applied a visa to America. I never actually approved of my son to travel there. More abuse of parental power. I suspect she must have met an American somewhere, the internet? Pattaya? I have no idea! but one things for sure! I caught it early and will inform the borders! Can you honestly see her winning now?

Worst case scenario, something fuc_ks up she gets a visa to America and takes my son there, FCO have already said to me if she takes my son to a Hague convention country I can envoke it.

I have a general fear for my sons safety, she must be crazy to do things like this! she could have been talking to a sex trafficker before I know.

I cannot let this go on, do you advise I should get a flight there as an emergency and get a court case ASAP!?

Are you suggesting border control in the USA? If in Thailand only the Royal Thai Police can do this and as you don't have custody, zero likelyhood

[CiaranO]

Is it just me.............or is anyone getting the feeling of a troll here..............

[Mario2008]

A report to the US embassy, with proof of parenthood, might make them deny a visa for the child.

[henry2109]

A Thai Court will decide in the interest of the child, not of yours. So it does not matters of lot that her behavior to you was insane, as long as your wife is an acceptable mother. Also applying to a US-visa is in no mean a abuse of parental power (as long as she does not use the visa). Weak up, budy, and do something now. If you take her to Thai Court and she will not attend the first and second time, you will see her in Thai Court in 6 month. By then, your son will not reckognise you anymore, and you will probably only get partly, but not wholly parental power. So your son will stay in Thailand.

[Nip]

If she doesn't attend court, it will mean that several summons wil be issued to try and get her to court, before a judge will make a ruling. So it will take extra time.

Yes the summons and even an arrest warrant can be issued by the court but who is going to serve her? Certainly not the police!. Who is going to look for her? Certainly not the police unless you have a tea plantation. Bottom line is it is a very sad situation and even if you pay a private detective to find her and he gets his son back how on earth can you take him out of the country in a manner that will not be deemed criminal...

[CiaranO]

if this isnt a troll .....because the more I read the more i am suspicious........no idea where she is......now he knows she is going to America...etc etc...so you clearly know where she is residing.............bc of your investigation......

Nevertheless....you have no chance of winning in Thai court....so you need to re-think your strategy. You seem to have all this documented proof of her "abuse". Why were you still with this person in the UK, if you clearly had concerns for your child and her ability to be a fit parent?

I clearly think there is 2 sides to this story........

[cjchaos]

I found out her VISA app, not through her. I will go out there soon. I have to do whatever I can to get my son back.

[Nip]

I found out her VISA app, not through her. I will go out there soon. I have to do whatever I can to get my son back.

I'm with you CiaranO this is not stacking up at all... at all ... "I will go out there soon!" Not the comment of a seriously concerned father! Subject closed!

[Nip]

if this isnt a troll .....because the more I read the more i am suspicious........no idea where she is......now he knows she is going to America...etc etc...so you clearly know where she is residing.............bc of your investigation......

Nevertheless....you have no chance of winning in Thai court....so you need to re-think your strategy. You seem to have all this documented proof of her "abuse". Why were you still with this person in the UK, if you clearly had concerns for your child and her ability to be a fit parent?

I clearly think there is 2 sides to this story........

I just noticed the posters name .... cjchaos - wind up!

[TommoPhysicist]

You won't win, you will only waste your money.

Thai courts rarely award 100% custody to one parent, and I suspect never to a parent not living in Thailand.

A house being dirty and unsafe is the norm for most of Thailand.

Snatch and run (or purchase), is your only option for a win.

[cjchaos]

I did stop posting on this thread because I was getting accused of being a troll and advised to act illegally. I took my situation through the courts and was granted custody in the correct way, this women is now my ex and she has been granted visitation rights. I don't want to bore the pants off you now, but I'll be giving my story to stickman when everything has blown over, anyway, I have to collect my son in a few months to come back and live with me in UK. This is because my now ex wife is going to be leaving Thailand in a few months. I have my sons passports as it was ruled only I can take him out of Thailand, will I be able to take these back to UK with me and bring them back to Thailand when I collect my son from Thailand? or should I leave them with my relatives in Thailand? I worry about if I can travel with my sons passports when my son wont be with me until next year. The airports may have concerns about this kind of thing but I don't know.

Edited December 1, 2012 by cjchaos

[Mario2008]

off topic replies deleted.

[Mario2008]

I did stop posting on this thread because I was getting accused of being a troll and advised to act illegally. I took my situation through the courts and was granted custody in the correct way, this women is now my ex and she has been granted visitation rights. I don't want to bore the pants off you now, but I'll be giving my story to stickman when everything has blown over, anyway, I have to collect my son in a few months to come back and live with me in UK. This is because my now ex wife is going to be leaving Thailand in a few months. I have my sons passports as it was ruled only I can take him out of Thailand, will I be able to take these back to UK with me and bring them back to Thailand when I collect my son from Thailand? or should I leave them with my relatives in Thailand? I worry about if I can travel with my sons passports when my son wont be with me until next year. The airports may have concerns about this kind of thing but I don't know.

Congratulations.

I can't see any reason why you would not be allowed to take the passports with you. Alhtugh is they see the passports they might question you about it, but your explanation should be enough. maybe take the court order with you as proof.

[Paul888]

I don't want to stir the pot here, but it's not actually over unil you and your son are back in the UK.

A lot can happen in those "few months", and you would be well advised to think what could go wrong and do what you can to prevent or prepare for it......

Edited December 2, 2012 by Paul888

[tinfoilhat]

You're on the right track. Thaivisa is where this will be sorted out. Keep up the posts. The more you post, the closer you are to a solution.

is this a joke?

[cjchaos]

I got my child back around a month ago. The Thai court order stipulates I get 10 months with him and my ex wife 2 months. The court order stipulates that my ex wife has the right to visitation to be in Thailand. I dont see how any school in UK will allow such a long vacation when he goes to school, he is young and it is damaging to his English ability at pre school years and the flights are an expense I can't afford. When I came back to UK, the Thai airline just let me and I didn't even have to show my court order, although I had it incase they asked. My concern is my ex wife won't return my son to me if I go ahead with visitation. She has middle eatern boyfriend who she hid from the courts when she said she was single and now married to him. Before I know she could kidnap him again to another non hague country where my court order in Thailand is non enforceable. She is not living in Thailand now but plans to return there for a middle ground for visitation. I am in UK with my son now, so I am quite sure it is non enforceable here. UK won't mirror an order that conflicts with it's own national law. I think if she wants to see her son she should visit him in the UK but she flips out when I say this and threatens me with legal action. My worry is if I don't keep to this court order can I be extradited for breaking a court order? I don't think the court order keeps to international law, espeically not English law. No child can Lawfully be taken out of school for 2 months. Could I get in trouble for not taking my child back to Thailand for visitation? I will most likely get in trouble if my child is out of scool for 2 months... if I can, should I strike first now by prosicuting her for crimes she commited against me while in the UK? My list is, scamming money, assault causing bodily harm, blackmail, child abduction under wrongful retention. The Police didn't seem interested as she was out of the country and it isn't my intention to have her jailed, I just need to cover my back in this. As far as I know I cannot be extradited for not keeping to a court order that is conflicts with the laws in my own country and shows no thought on my childs education. Now I am in England I have to respect English law. What are your guys thoughts?

Edited March 20, 2013 by cjchaos

[wellred]

Have you sought any legal advice yet?

Sent from my GT-I9300 using Tapatalk 2

[cjchaos]

No, that should be my next thing I think now I am back in the UK. I don't think this court order actually complies with the human right UNICEF drew up. Survival and development rights: the basic rights to life, survival and development of one’s full potential. How can anybody reach their full potential missing 2 months out of school a year..

Edited March 20, 2013 by cjchaos

[Mario2008]

What you should do is get a lawyer and have a UK-judge change the agreement from the Thai court, stipulating that the visitation rights must be executed in the UK and the child is not to leave the country without permission of the father. That is the safest way to proceed.

You can site your kidnapping fears, the fact that the mother now no longer lives in Thailand, your fear for the interruption of the child's education and family live.

Depending on the age of the child, the child might be a party of its own in seeking a change of the court decision.

The two months are probably the total time per year, or does the court decision stipulates that the mother has a right to the child for an uninterupted two months.

[cjchaos]

What you should do is get a lawyer and have a UK-judge change the agreement from the Thai court, stipulating that the visitation rights must be executed in the UK and the child is not to leave the country without permission of the father. That is the safest way to proceed.

You can site your kidnapping fears, the fact that the mother now no longer lives in Thailand, your fear for the interruption of the child's education and family live.

Depending on the age of the child, the child might be a party of its own in seeking a change of the court decision.

The two months are probably the total time per year, or does the court decision stipulates that the mother has a right to the child for an uninterupted two months.

I did think about getting a Lawyer and attempting to have the court order modified from UK. I suspect the UK wont have juristiction to modify another nations court order, but may draw up a new one that is independent. If they can modify the existing agreement I would be happy with that too. I'll have to seek the legal advice on this. I did some reading and parties can't be held cotempt for breaking a court order when there is a conflicting court order.

The two months was uninterupted time which is a very odd thing for a court to include in the court order as courts should respect education of a child to be in their best interest, espeically in a family court.

He is not at the age where he can seek a change yet, as he will be starting school in a couple of years.

I don't feel comfortable that she lied in court about her being with a new man. It is often a case where a child gets misstreated by the mothers new spouse due to a jelously of the attention the child recieves. Had she been honest I doubt she would have got any custody, the court didn't really question her enough after she said she was single. She couldn't provide any evidence of employment in South Africa.

Another thing, she changed her beliefs (i won't say which to avoid causing offense) just to get married. Changing beliefs, man, country of residence so quickly to me shows really deep signs of instability in herself, I wonder what she will change next? I am not saying changing is bad as it is upto the individual, but it looks like she makes these changes sporadically with no thought. It almost feels like the way she thinks has mutated since I met her. There were signs she could be a person like this, she had a nose job and eyebrows tattood on.. although I am not saying all people who have platic surgery are unstable, with my ex wife it is a certain indicator.

Edited March 21, 2013 by cjchaos

[Forethat]

Locating the child and taking him back to the UK could back-fire on you. If the custody will be settled in the UK, a UK judge might not look kindly on it. This is something you must discuss with a UK-lawyer, who is familiar with cases like this.

I have always wondered about the legal aspects of this type of action compared to the initial "abduction". If he would locate his son and bring him back to UK, why would that differ and be an "abduction" where as the mothers abduction is NOT an "abduction"? He wouldn't be abducting anything, he would return home with his son after a holiday. After all, his son lives in UK, correct?

[Forethat]

I got my child back around a month ago. The Thai court order stipulates I get 10 months with him and my ex wife 2 months. The court order stipulates that my ex wife has the right to visitation to be in Thailand. I dont see how any school in UK will allow such a long vacation when he goes to school, he is young and it is damaging to his English ability at pre school years and the flights are an expense I can't afford.

I cant see how a UK court would support and honor a Thai court order if your sons education is at risk. I also can't see why you would have to pay for flights. If your wife has visitation rights "to be in Thailand", she'll have to pay for the flights to pick him up and return him. If she doesn't return him SHE is violating her visitation rights. Under no circumstances would I allow this to happen mid term.

Does the court order state one annual visit with a continuous duration of 2 months?