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Urgent Help: Advise On Child Custody, Aus Man Thai Woman


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Posted

she: Thai, 41 years

He: Australian maybe 60? (i do not know)

Child - born in Thailand, is almost 3 years old, holds Thai and Australian Passport

she has been coming to Australia for more than 5 years but only ever on tourist visa

she has recently overstayed because of issue with child and now is forced to return to Thailand in 6 days

he is not supporting her in any way and is forcing her to go but he will keep the child

neither of them are bright - he is low working class and she is quite naive

he has made it clear he is not supportive of her and that she can not have the child

she is conflicted between hoping he will keep to his word (when he has a track record of not doing so) and trying to take the child and run

they are on the Gold Coast

she has a single one way ticket to Thailand in 6 days

please anyone provide good advise (stupid advise keep to yourself)

good advise includes facts about law or good contacts

pop

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Posted

additional

she is being forced to leave Australia because she has overstayed her visa

future visa applications must be made outside Australia

visa situation is complicated by the fact that he withholds details and lies to questions asked about why he never helped her apply for spouse visa

ta

p

Posted

An important question is if they are married or not.

If married, neither party can just keep the child but a court order can be gotten to prevent the child from leaving the country.

Posted

no, not formally married in either country

why does tat make a difference - under Australian law they are married de facto by virtue of having lived together for more than 2 years and have a child together

p

Posted

Spouse visa means they are married and the father is the legal father. She should seek legal advice.

Since living in Australia together, she might be entitled to alimoney. Under Thai law she would not be entitled. In both countries the other spouse would have to pay child support.

As said, with a court order the father can prevent the child from leaving. But that leaves the custody issue over the child open and will be decided upon by the courts. The father can not just keep the child, just as the mother cannot just do that.

Posted

Hi there Pops ... I know that you mean well ... but what is your question?

For example, you wish to help the Father or the Mother?

You mentioned that the mother had a ticket to exit Australia ... does the child not have one also?

Posted

court order to prevent the child leaving the country would be executed at State level - in Queensland

if she left the state the court order would not be binding and first an extradition order would have to be issued to return them to Queensland

such issues are valid when we are talking weeks or months but we are talking days

p

Posted

"you wish to help the Father or the Mother?"

good question

i am on the fence as i know less than enough to commit myself to action yet but she is relative of my wife and kids

i have been party to the history of the relationship - my git feeling is to side with the mother based on his past lack of commitments

and no the child does not have a ticket of course - the father has paid for her ticket to leave but is keeping the child here against her will

p

Posted

thanks Mario

let me quote you

Spouse visa means they are married and the father is the legal father. She should seek legal advice.

me: she does NOT HAVE A SPOUSE VISA - she is on a tourist visa

Since living in Australia together, she might be entitled to alimoney. Under Thai law she would not be entitled. In both countries the other spouse would have to pay child support.

me: NOT AN ISSUE AT PRESENT - the issue is what to do in 6 days knowing she will quite probably never be able (financially etc) to return to Australia

As said, with a court order the father can prevent the child from leaving. But that leaves the custody issue over the child open and will be decided upon by the courts. The father can not just keep the child, just as the mother cannot just do that.

me: not valid info - "the courts" operate on a timeline well outside the time frame we are dealing with

Posted

no, not formally married in either country

why does tat make a difference - under Australian law they are married de facto by virtue of having lived together for more than 2 years and have a child together

p

Under Thai law it would make all the difference, as the father would not be the legal father and have no claim to the child. Refusing to give the child to the mother would result in kidnapping charges.

I can't advise about Australian law and if the father has legally recognised the child as his under Australian law.

Posted

She needs a lawyer to sort this out. The question is if the father has custody of the child or not. If not, she can just take the child. If he has, it will be a custody battle in the courts.

Posted

Does the mother speak English & has the child resided with her in Thailand? The Thai mother can go to Legal Aid, ideally with with an Australian citizen (if mother doesn't speak English they can arrange for a translator). Legal Aid should be able to make an emergency application to the Family Court on her behalf and I believe can liaise with Immigration, if not Legal Aid can do so to extend the tourist visa until custody can be resolved. Naturally she needs funds to support herself whilst in Australia as will not have access to Centrelink support. I had a Thai friend in a similar situation, but admittedly she had a finance visa and partner refused to marry. With assistance from Legal Aid took her about 18 months to finally win the case for child custody and obtain Australian Permanent Residency.

Legal Aid Gold Coast

2/18 Bay Street

Southport 4215

tel: (07) 5532 9611

  • Like 1
Posted

Mario:

Under Thai law it would make all the difference, as the father would not be the legal father and have no claim to the child. Refusing to give the child to the mother would result in kidnapping charges.

I can't advise about Australian law and if the father has legally recognised the child as his under Australian law.

If they were in Thailand there would be no issue

The father has legally recognized the child - that was necessary for the child, born in Thailand, to get an Australian Passport

mario again:

She needs a lawyer to sort this out. The question is if the father has custody of the child or not. If not, she can just take the child. If he has, it will be a custody battle in the courts.

Yes we have started to talk with a legal guide but finding the right lawyer is not so simple - all lawyers are likely to tell you they can help - but most are just interested in their $500 per hour fees - give me the name and contact details of a Lawyer who knows exactly this stuff

He does not have "sole custody" there has been no custody orders - we know indeed that she can just take the child - IF and ONLY IF she can

  1. Guarantee to get hold of bother her and the child's passports in time
  2. Get the child away from him in the remaining days when he is not so stupid as to consider such a move
  3. Get far enough away from him and the State jurisdiction so that she can exit the country with the child before he can take action to stop her

keep in mind she's not smart like you are me - she's pretty dumb really as is he - which has some advantage

she also has no money, no mobile phone of her own - no freedom

i am trying to sort out tactics that i can follow to assist so if i commit i can know precisely how to help in such a way as to do the most good for child and mother

p

Posted

She needs a lawyer to sort this out. The question is if the father has custody of the child or not. If not, she can just take the child. If he has, it will be a custody battle in the courts.

I had a Thai friend in a similar situation and the Australian father put a stop on the child's departure from Australia via the police as he claimed custody was disputed by him; just being a p##k . Took her 18 months to resolve the matter in her favour.

Posted

Simple: (thanks)

Does the mother speak English & has the child resided with her in Thailand?

me: Her English is quite poor. The child was born in Thailand and resided with her there until only weeks ago.

The Thai mother can go to Legal Aid, ideally with with an Australian citizen (if mother doesn't speak English they can arrange for a translator).

Me: I'm a kiwi not Aus but we will follow up this advise

Legal Aid should be able to make an emergency application to the Family Court on her behalf and I believe can liaise with Immigration, if not Legal Aid can do so to extend the tourist visa until custody can be resolved. Naturally she needs funds to support herself whilst in Australia as will not have access to Centrelink support. I had a Thai friend in a similar situation, but admittedly she had a finance visa and partner refused to marry. With assistance from Legal Aid took her about 18 months to finally win the case for child custody and obtain Australian Permanent Residency.

me: Right now she is on a bridging visa that was an extension of her most recent tourist visa which has lapsed and according to him she must leave on the 28th

but we will contact legal aid tomorrow unless you suggest they'd be up at this hour?

p

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Posted

Does the mother speak English & has the child resided with her in Thailand? The Thai mother can go to Legal Aid, ideally with with an Australian citizen (if mother doesn't speak English they can arrange for a translator). Legal Aid should be able to make an emergency application to the Family Court on her behalf and I believe can liaise with Immigration, if not Legal Aid can do so to extend the tourist visa until custody can be resolved. Naturally she needs funds to support herself whilst in Australia as will not have access to Centrelink support. I had a Thai friend in a similar situation, but admittedly she had a finance visa and partner refused to marry. With assistance from Legal Aid took her about 18 months to finally win the case for child custody and obtain Australian Permanent Residency.

Legal Aid Gold Coast

2/18 Bay Street

Southport 4215

tel: (07) 5532 9611

Note: No disrespect, but do not get other Thais involved (except for your wife) at this stage as they will totally confuse the lady with uninformed advice

Posted

Simple: (thanks)

Does the mother speak English & has the child resided with her in Thailand?

me: Her English is quite poor. The child was born in Thailand and resided with her there until only weeks ago.

The Thai mother can go to Legal Aid, ideally with with an Australian citizen (if mother doesn't speak English they can arrange for a translator).

Me: I'm a kiwi not Aus but we will follow up this advise

Legal Aid should be able to make an emergency application to the Family Court on her behalf and I believe can liaise with Immigration, if not Legal Aid can do so to extend the tourist visa until custody can be resolved. Naturally she needs funds to support herself whilst in Australia as will not have access to Centrelink support. I had a Thai friend in a similar situation, but admittedly she had a finance visa and partner refused to marry. With assistance from Legal Aid took her about 18 months to finally win the case for child custody and obtain Australian Permanent Residency.

me: Right now she is on a bridging visa that was an extension of her most recent tourist visa which has lapsed and according to him she must leave on the 28th

but we will contact legal aid tomorrow unless you suggest they'd be up at this hour?

p

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Cannot answer your question re staff availability, but call the number & see if they provide an emergency contact number. if not I would recommend going to the office rather than phoning. Obviously cannot guarantee support form Legal Aid, but should be a good starting point for guidance on an emergency application to the Family Court. I believe they locate a specialist lawyer to assist for no fee

Posted

Simple: (thanks)

Does the mother speak English & has the child resided with her in Thailand?

me: Her English is quite poor. The child was born in Thailand and resided with her there until only weeks ago.

The Thai mother can go to Legal Aid, ideally with with an Australian citizen (if mother doesn't speak English they can arrange for a translator).

Me: I'm a kiwi not Aus but we will follow up this advise

Legal Aid should be able to make an emergency application to the Family Court on her behalf and I believe can liaise with Immigration, if not Legal Aid can do so to extend the tourist visa until custody can be resolved. Naturally she needs funds to support herself whilst in Australia as will not have access to Centrelink support. I had a Thai friend in a similar situation, but admittedly she had a finance visa and partner refused to marry. With assistance from Legal Aid took her about 18 months to finally win the case for child custody and obtain Australian Permanent Residency.

me: Right now she is on a bridging visa that was an extension of her most recent tourist visa which has lapsed and according to him she must leave on the 28th

but we will contact legal aid tomorrow unless you suggest they'd be up at this hour?

p

  • Quote
  • MultiQuote

Cannot answer your question re staff availability, but call the number & see if they provide an emergency contact number. if not I would recommend going to the office rather than phoning. Obviously cannot guarantee support form Legal Aid, but should be a good starting point for guidance on an emergency application to the Family Court. I believe they locate a specialist lawyer to assist for no fee

Just remembered, my friend did receive funding from Centrelink as the child was an Australian citizen. The Family Court case was centered on what was best for the child as an Australian citizen.

.

Posted

thanks everyone - i'm off to discuss

simple:

"Note: No disrespect, but do not get other Thais involved (except for your wife) at this stage as they will totally confuse the lady with uninformed advice"

aint that de truth

"Just remembered, my friend did receive funding from Centrelink as the child was an Australian citizen. The Family Court case was centered on what was best for the child as an Australian citizen"

yes so i am assuming too although the timing is a worry as unless the right action is taken she will be forced to leave in 6 days or break the law with potential repercussions on future ability to return

but for now money is not such an issue - our family is happy to provide whatever money is required to bring this to the best results

but what is the best result?

1. she leaves and takes the child and then tries to make a go in Thailand

2. she overstays illegally and tries to solve it in interim

3. we find the right legal help so that she does not have to leave so suddenly and has time to sort this out

4. she just gives in and goes back alone

p

Posted

I'm adding this info here for reference

Legal Aid Gold Coast

2/18 Bay Street

Southport 4215

tel: (07) 5532 9611

Family Court of Australia

http://www.familycourt.gov.au/wps/wcm/connect/FCOA/Utilities/contact/

Contact details:

Phone: 1300 352 000 (except WA)*for individuals living in WA contact the Family Court of Western Australia

TTY/voice calls: Contact the National Relay Service on 133 677 or for Speak & Listen calls contact 1300 555 727

International: +61 2 8892 8578

Fax: Please contact a family law court registry

Email: [email protected]

NOTE: The email service cannot be used to file any court documents.

Instructions for emailing the Court

Legal Aid Queensland

http://www.legalaid.qld.gov.au/

Phone

07 3238 3500 — for general administrative inquiries

07 3238 3900 — Grants Inquiry Line for questions about an application for legal aid you have already made

1300 65 11 88 — for legal information and referrals (cost of a local call in Australia)

Woman's Legal Service QLD

http://www.wlsq.org.au/contact.html

Phone:

(07) 3392 0670 or 1800 677 278 (Outside Brisbane)

Posted (edited)

thanks everyone - i'm off to discuss

simple:

"Note: No disrespect, but do not get other Thais involved (except for your wife) at this stage as they will totally confuse the lady with uninformed advice"

aint that de truth

"Just remembered, my friend did receive funding from Centrelink as the child was an Australian citizen. The Family Court case was centered on what was best for the child as an Australian citizen"

yes so i am assuming too although the timing is a worry as unless the right action is taken she will be forced to leave in 6 days or break the law with potential repercussions on future ability to return

but for now money is not such an issue - our family is happy to provide whatever money is required to bring this to the best results

but what is the best result?

1. she leaves and takes the child and then tries to make a go in Thailand

2. she overstays illegally and tries to solve it in interim

3. we find the right legal help so that she does not have to leave so suddenly and has time to sort this out

4. she just gives in and goes back alone

p

Firstly, do not attempt to depart Australia with the child as the guy may have contacted the police to put a stop on the child's departure using custody dispute. Unless you know for a fact he has not. BTW a stop on Immigration database will only take an hour or so to process from receipt of police notification.

but what is the best result?

1. she leaves and takes the child and then tries to make a go in Thailand - Mothers choice in the best interest of the child

2. she overstays illegally and tries to solve it in interim - Do not overstay illegally. She should be able to get another Bridging visa. Under Australian law her male partner cannot “force” her to leave, nor have any influence on extension of any existing visa when a child is involved. This is a common misunderstanding.

3. we find the right legal help so that she does not have to leave so suddenly and has time to sort this out - Yes

4. she just gives in and goes back alone - Mothers choice, depends if she has the emotional strength to see things through as matters could turn very nasty in the Family Court. She will need good emotional support & inner strength to remain in Australia

Edited by simple1
Posted (edited)

thanks everyone - i'm off to discuss

simple:

"Note: No disrespect, but do not get other Thais involved (except for your wife) at this stage as they will totally confuse the lady with uninformed advice"

aint that de truth

"Just remembered, my friend did receive funding from Centrelink as the child was an Australian citizen. The Family Court case was centered on what was best for the child as an Australian citizen"

yes so i am assuming too although the timing is a worry as unless the right action is taken she will be forced to leave in 6 days or break the law with potential repercussions on future ability to return

but for now money is not such an issue - our family is happy to provide whatever money is required to bring this to the best results

but what is the best result?

1. she leaves and takes the child and then tries to make a go in Thailand

2. she overstays illegally and tries to solve it in interim

3. we find the right legal help so that she does not have to leave so suddenly and has time to sort this out

4. she just gives in and goes back alone

p

Its a no-brainer - No. 3

I wish I could advise, but I know little about Aussie law. What I do know is what others have already said, the courts will do what's best for the child, after taking into account the child's own needs and wishes.

Good luck in trying to resolve this.

Edited by Mobi
Posted

Just donning the devils advocate cloak on ... so don't assume these are my opinions ... just my questions ...

Why do you think that this is your problem?

Who do you support?

Who does your wife support?

Would you pay for the child's airfare home, knowing that you will never see that money again?

Why do you assume that the Thai Lady in question qualifies for free Legal Aid ... she is a tourist here.

Legal Aid Queensland helps financially and socially disadvantaged Queenslanders to access justice by providing legal information, advice and representation.

See http://www.legalaid....etlegalaid.aspx

She has already overstayed, hence an illegal person in Australia.

Does the child have duel Nationality?

What Passport did the child enter in on? If it was a Thai Passport with the same Visa as the mother, then the child is also in breach of the Visa conditions.

So many unanswered questions ...

Posted

Mind your own business.

Not your family, not your child.

As far as I can see, the child will be better off educated in Australia, than in a Thai village school.

The Australian courts will sort it out.

Posted

Just donning the devils advocate cloak on ... so don't assume these are my opinions ... just my questions ...

Why do you think that this is your problem?

Who do you support?

Who does your wife support?

Would you pay for the child's airfare home, knowing that you will never see that money again?

Why do you assume that the Thai Lady in question qualifies for free Legal Aid ... she is a tourist here.

Legal Aid Queensland helps financially and socially disadvantaged Queenslanders to access justice by providing legal information, advice and representation.

See http://www.legalaid....etlegalaid.aspx

She has already overstayed, hence an illegal person in Australia.

Does the child have duel Nationality?

What Passport did the child enter in on? If it was a Thai Passport with the same Visa as the mother, then the child is also in breach of the Visa conditions.

So many unanswered questions ...

yes indeed there are

but let's take it one at a time

1. it's not my problem - i have no emotional feeling any way (in fact i'm rather autistic and tend to shun such issues but i am quite skilled at handling crises) - but, i was brought up to respond to requests for help from family with every assistance practicable - she and her child are family and we are the only family in the country - if we fail to at least try to help her both sides of the family will want long explanations as to why we were here, with money, but did not help :-)

2. My wife is woman - women tend to side with women in these situations no matter what the facts - but my wife is also pragmatic and very down to earth - she wants the best (and least costly in all ways) solution

3. that's a silly question - surely if you can help someone, especially family, you do so - and yes that can mean being out of pocket - but if we only did things knowing there is a return the world would be even darker than it often seems to be

4. i do not assume she qualifies but someone pointed out that the child, as an Australian citizen, does - and it is the best interests of the child that will generally be considered first by anyone who must deal with this situation rationally

...

5. yes the child holds both Thai and Australian passports

6. he came on the Australian passport - otherwise he would have required a visa

yes many unanswered and so far for me getting info has been 3rd, 4th and 5th person through translation

p

  • Like 1
Posted

Mind your own business.

Not your family, not your child.

As far as I can see, the child will be better off educated in Australia, than in a Thai village school.

The Australian courts will sort it out.

her family are all well off middle class people - not Thai villagers

your opinion is noted but your attitude is not useful nor valid

you sound very much like him (though he probably can't spell as well as you) - he is a manipulative abusive person who insists as you do that it is nobody's business but his - that after 5 years of manipulating her and telling her and family streams of lies - which i can attest to as i have listened in on conversations where he told blatant and indefensible lies

if people did not respond to peoples requests for help then manipulative bullies would have free reign in this world

p

  • Like 1
Posted

her family are all well off middle class people - not Thai villagers

Not wishing to be confrontational but ......

First, if her family are all well off middle class, what was she doing sleeping with an old working class Aussie twice her age?

Second, Do you believe the schooling and health-care the kid would get anywhere in Thailand, would be better than that in Australia.

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