Non Imm O - Joint Child Custody Proof

[jobounce]

With the new rules for obtaining a non Imm O visa from the UK you need a copy of the childs birth certificate showing relationship (father) and proof of custody

When I was divorced we were given joint custody of our children and this info was put into the computer but where can I get this in written form, back at the district office in Sathorn or any district office?

Thanks

[Mario2008]

Not sure, just try any amphur first. It probably will be in the national database, so accessable by any amphur just as marriage.

If you want extensions of stay based on your child, you will probably need to court. Immigraiton seems reluctant to accept arrangements made at the amphur and want to see a court decision.

[jobounce]

Thanks, just need to renew my non Imm O and the computer print out should be enough for proof of joint custody for the Hull UK consulate

[tonyPhuket]

Posted 2012-10-10 07:35:33

With the new rules for obtaining a non Imm O visa from the UK you need a copy of the childs birth certificate showing relationship (father) and proof of custody

When I was divorced we were given joint custody of our children and this info was put into the computer but where can I get this in written form, back at the district office in Sathorn or any district office?

Hi Jobounce,

I am currently seeking for 50% joint custody of our daughter. Naturally it has to be done through Thai court but I am interested to know what requirements do I need to provide. No disputes are expected - just obtaining the certificate as proof of custody. This is what I need for immigration purpose in order to continue my upbringing of my daughter.

Is it a simple or complicated method? Shall I assume this proceeding will take 4 to 6 months? Is it necessary to have a lawyer?

Your response will be valued in this expat community.

Regards

Tony, Phuket

[wedders]

Not sure, just try any amphur first. It probably will be in the national database, so accessable by any amphur just as marriage.

If you want extensions of stay based on your child, you will probably need to court. Immigraiton seems reluctant to accept arrangements made at the amphur and want to see a court decision.

I recently obtained my family O visa on the strength of the amphur divorce agreement, that specifically states I have full custody.

Are you saying that this agreement is not binding under Thai law, and that an additional court arrangement is needed when my visa comes up for renewal next year? I obtained the first 1 year multi-entry O visa at a consulate in France, and only enclosed the copy of the divorce agreement, which was accepted without question.

[Mario2008]

It is a legal arrrangement, but nevertheless immigration often wants to see a court paper awarding you custody.

[ubonjoe]

You should of been given a copy of the divorce decree with a witnessed copy of the divorce agreement you both signed. That is probably what will be needed.

[wedders]

The way it happened, the amphur disputed the agreement our lawyers had drawn up, I didn't really understand why, but they said the divorce could not go ahead on that basis. As a result, the only way to get the divorce concluded there and then - and it had been a very long struggle to get my ex to agree in the first place, with just a few days before I was heading back to Europe - was to get the elements of the agreement the amphur felt were acceptable written into the divorce decree proper.

[wedders]

It is a legal arrrangement, but nevertheless immigration often wants to see a court paper awarding you custody.

Just to confirm, I've been told by Magna Carta in Pattaya, that a court order is only required if there are any areas of dispute - ie over assets, maintenance, custody. That court order is then taken to the amphur for the divorce procedure proper.

If everything is agreed in advance - ie in my case no shared assets, no lump sum payment, no maintenance for my ex, full custody of my daughter for me - then there is absolutely no reason for a court order, the amphur agreement is fully legal and binding.

So in theory immigration cannot question the lack of a court order. The amphur document is sufficient. That said, having submitted all the correct paperwork for a year's extension, I've been granted an initial month, while the application is "under consideration". I've been told this is because these visa extensions are only approved by immigration in Bangkok, not Pattaya.

[ubonjoe]

Extensions based upon having a Thai child and marriage require approval at the regional immigration headquarters.

lf you used 400k in the bank it is advisable to keep money there during the under consideration period. There have been reports of immigration contacting your bank to check the balance.

Edited September 5, 2013 by ubonjoe

[wedders]

Thanks yes I did wonder about that. Annoying though, because the one month 'under consideration' extensions can be - and often are - repeated up to a total of three months apparently.

[ubonjoe]

Normally it is done in first 30 days. The days of it dragging out to 90 days is long gone.

The most now is a week or two over and that is rare.

Edited September 6, 2013 by ubonjoe

[wedders]

Hope that's the case then, it's just that a guy I know in exactly the same situation as me (divorced parent of Thai child with custody), had his one month extension prolonged twice, no reason given. He was just told 'it happens'. He just assumed it was because few apply for this visa because few farang fathers have full custody.