Dual National Child. Leaving Thailand. Got Issues.

[themadpoorfreelover]

1 Have a 15 mnth old son with a TGF

2 he was born in Thailand in chonburi province

3 we are not married she 19rs & me 24yrs (we have done a village ceremony and i got permission from her parents to be together as she was under 20 at the time)

4 I am on the birth certificate he has my last name and a European first and middle name

5 he is an Australian citizen with AU passport and full rights to enter Australia as an Australian citizen

6 he does not have a thai passport (see 11)

7 he has never left Thailand

8 I have not legitimised myself as the father at the an amphur yet.

9 Been living in thailand with him and his mother since he was born. have run out of money its time to go home.

10 TGF loves him very much as I do and we want the best for him. We have decided together that he should reside with me in Australia where he will learn English better to prepare him for school, better food, less pollution, better lifestyle etc. TGF gives full permission has signed his AU citizenship earlier this year, Signed his passport and will sign write anything plus accompany us to the airport to say goodbye and make sure Thai immigration let him through.

11 TGF is 19 years old. will be 20 in july next year. TGF mother has been in prison since our son was born. which has made it difficult for us to do anything legally, ie we cannot marry, she cannot get herself a thai passport, cannot get him a thai passport because his mother (TGF) is still under 20 and her mother is in jail and unable to sign anything. + the amphurs or any council offices wont authorize any forms to be signed by her (mother in jail) even though the staff at nong palai jail wanted to organize something for us. he only other option was for TGF to go to the court and say he mother is not capable to look after her, but she didn't want to out of the shame or whatever. also been very hard for TGF as at the start when we visited over 10 different ampurs she had trouble voicing that her mother is in jail. obviously they are sympathetic but we couldn't find anyone to budge and help us.

12 so in conclusion I have run out of money (nearly) and I cant handle this beurocracy anymore i want out from here, and to start our life (my son and I) in AU. I have home income there etc.

Questions:

1. Does one have to legitimize/legalize one self as the father in order to take his child out out of Thailand.

When i went with his mother to apply for his passport (which they refused on the grounds that his grandmother and grandfather needed to sign his passport i noticed the "legalisation" office, I went inside and my girlfriend asked if i needed to legalize myself as the father, the women behind the desk looked at his birth certificate, said no, that I was on the birth certificate, but I think we were in the wrong office and she was confused as to my meaning.

1a. If I needed to legitimize myself as the father then would it have to be done at the Amphur where his family book is? or could it be done in Any amphur? Would we need a copy of the family book? or will a Photocopy do?

1b. If one has legitimized themselves as the father does on have to then go on to get 50/50 custody in order for the child to leave? (keep in mind that i have mums permission all the way but she is under 20 so it is a bit 50/50 as to what she can actually sign)

1c. If 1a. or 1b. are true does that mean that there is some kind of legitimization certificate that must be presented at the immigration on the way out?

2. according to this:

http://www.thaivisa....-need-to-apply/

the mother need to sign the document so that the child can leave. does this form have to be Stamped by an amphur? or is just the hard copy ok? I have heard that some people just have a hand written letter? will that do?

if so:

2a. Can thai immigration stop a child leaving in the case the he/she was born in Thailand the father is not legitimized but the mother is present in person? Technically the child is a citizen of Australia and they couldn't hold the child "in a jail" or anything like that.. ?

3. the biggest problem is that We cant get him a Thai passport Until next year in july. I cant afford to hang around that long. So I will try to leave with him on His Australian passport. We will carry his THAI birth certificate, AUSTRALIAN citizenship paper, copy of the family book, and mums ID card, plus a written letter and one official letter from the amphur- if we can get that. So what I am trying to ask is if he can leave on just his "other" nationality passport (Australian) as we cannot get him a Thai passport. Or is there some strange law saying that Thais have a Thai passport to travel.

I would prefer some answers from anyone who:

Knows the law

Has taken their children home with only one passport (non-thai passport)

Has taken their children out of the country when they are not legitimized as the father, but the mother has given permission

Has dual aussie/thai kids

thanks for all your help

I am in chaing mai, if anyone that knew their stuff wanted to brief me in person id be happy to meet up for a beer or a coffee and a chat, but please i am really looking for 100% answers here. dealing with Amphurs is dealing in riddles...

Edited November 29, 2012 by metisdead
: Oversized font resized to normal.

[Mario2008]

Question 1:

Yes, you were in the wrong office. That office legalizes = verifies signatures/documents are real. But the answer was correct.

You will need approval from your GF to take the child out of the country. A simple note from the mother with a copy of her ID-card should do it. But you couldd indeed get the form from the amhur and have it stamped by them. Also take the birth certificate, which names you as the father.

You can only legitimize the child by marrying your GF or going to the court to be recognised as the legal father. Going through the court will take a couple of months and is done at the family court for the area where the child is registered on the household register.

You don't need to legalize the child to take the child out of Thailand. With legalisation you would be the legal father and have parental rights. Without it you would be a care taker for the child, meaning that your GF could demand the child back at any time from you. But you might have legitimize the child under Australian law, which means that as far as Australia is concerned you are the legal father, but not in Thailand as the child was born in Thailand and must be legitimized under Thai law).

Question 2.

Immigration checks sometimes, but is concerend with child trafficking. Having permission from the mother and the birth cerificate naming you as the father makes sure there will be no problem with leaving.

Question 3.

He can just leave on his Australian passport, the birth certificate shows why there are no records of the child entering Thailand. The Thai passport can be applied for once the mother is 20, you can even do that with her being in Thailand and you being in Australia.

Since your GF is a minor, my answers can be wrong as for some things she might need official permission form her mother. But I suspect it will not be a big problem.

[Mario2008]

I would recommend to go to the amphur and check there who has legal custody over the child first. It might be that they gave the legal custody over the child to you, as your GF is a minor. The amphur would be able to tell you that. It might also be that the mother of your GF has custody over the child. The person having the legal custody acts on behalf of the child and is the one who makes the decisions regarding the child.

It is not the same as being the legal parent.

If the mother of your GF has legal she would have to give written permission, if you have legal custody you make all the decisions regarding the child and can also apply for a Thai passport for the child with the help of the khor rhor 14 form, which shows you have sole legal responsibility over the child.

[themadpoorfreelover]

I would recommend to go to the amphur and check there who has legal custody over the child first. It might be that they gave the legal custody over the child to you, as your GF is a minor. The amphur would be able to tell you that. It might also be that the mother of your GF has custody over the child. The person having the legal custody acts on behalf of the child and is the one who makes the decisions regarding the child.

It is not the same as being the legal parent.

If the mother of your GF has legal she would have to give written permission, if you have legal custody you make all the decisions regarding the child and can also apply for a Thai passport for the child with the help of the khor rhor 14 form, which shows you have sole legal responsibility over the child.

1 i think it seems to be a bit of a grey area. The mother has custody of the child but anything that is needed for him has to be signed by a responsible adult in the mothers place. But i dont think they gave legal custody to me, as when we tried to make him a Thai passport in chiang mai, they refused it because his grandmother was not present to sign the form, we told them the grandmother was in jail, but they sad that is not their problem. yes I am going to go to an amphur and try to get that form filled out and stamped by them. If for somereason they did not allow then we will just try a hand written one. When we go to the Amphur they kind of see us as a young couple with a baby and assume we cannot adequatly take care of our child. And ask where is grandma? well grandma is the one who never took care of her daughter, and now we have been suffering because of it. Also my TGF mother and father never married and he never bothered to legalized himself so he cannot really sign anything for us, and even if he could he is too lazy to do it.

[themadpoorfreelover]

when i first met my TGF and we wanted to get married I had heard the stories of sinsot and all that crap. I was already in the mind that i didnt want to pay money to a lazy thai family for their daughter, when i found out that she didnt have contact with her mother and father and all I had to do was meet her grandma and grandpa, who then told me money was not necessary i thought i was blessed! now i wished that her parents had been around a bit and i had slipped them 20000 or so to make everything easier...

[Mario2008]

As your GF mother seems to be empowered to sign the passport application it would seem that she has legal custody over the child.

As said, you can file a paternity suit and become the legal father of the child but that will take a few months, maybe longer if the mother of your GF doesn't want to play along.

[thaicbr]

Op. Why not just get a job here in Thailand?

English teacher = 30000 - 40000 per month.

sent from my Q6

[themadpoorfreelover]

As your GF mother seems to be empowered to sign the passport application it would seem that she has legal custody over the child.

As said, you can file a paternity suit and become the legal father of the child but that will take a few months, maybe longer if the mother of your GF doesn't want to play along.

mother of the TGF will play along with anything but she is in jail. by the time she get out my sons mother will be 20.

are you saying that the grandmother of my child would have to sign the letter for him to leave the country???????????

how could she (GF mother) have custody of him if she never even came to the hospital to see him when he was born and didn't come to the amphur to register him or anything, she has never signed any legal document has only seen him twice for no more than 10 mins when she come to our house to ask for money.

[themadpoorfreelover]

As your GF mother seems to be empowered to sign the passport application it would seem that she has legal custody over the child.

As said, you can file a paternity suit and become the legal father of the child but that will take a few months, maybe longer if the mother of your GF doesn't want to play along.

mother of the TGF will play along with anything but she is in jail. by the time she get out my sons mother will be 20.

are you saying that the grandmother of my child would have to sign the letter for him to leave the country???????????

how could she (GF mother) have custody of him if she never even came to the hospital to see him when he was born and didn't come to the amphur to register him or anything, she has never signed any legal document has only seen him twice for no more than 10 mins when she come to our house to ask for money.

Does the person who signed the birth certificate be the legal guardian of the child?

But all this aside I still don't understand under these circumstances if I can take my child out of Thailand?

[themadpoorfreelover]

As your GF mother seems to be empowered to sign the passport application it would seem that she has legal custody over the child.

As said, you can file a paternity suit and become the legal father of the child but that will take a few months, maybe longer if the mother of your GF doesn't want to play along.

mother of the TGF will play along with anything but she is in jail. by the time she get out my sons mother will be 20.

are you saying that the grandmother of my child would have to sign the letter for him to leave the country???????????

how could she (GF mother) have custody of him if she never even came to the hospital to see him when he was born and didn't come to the amphur to register him or anything, she has never signed any legal document has only seen him twice for no more than 10 mins when she come to our house to ask for money.

Does the person who signed the birth certificate be the legal guardian of the child?

But all this aside I still don't understand under these circumstances if I can take my child out of Thailand?

Clause 1556 of CCCT mentions that only one parent should exercise

the “ parental powers” under the following cases:

 The Mother or the Father is deceased;

1.It is uncertain whether the Mother or the Father is living or

deceased;

2.The Mother or the Father has been adjudged incompetent or

quasi-incompetent

3.The Mother or the Father is placed in a hospital by reason of mental

infirmity

4.The parental power has been granted to the Mother or the Father by

an order of the Court (example, a divorce judgment)

5.The Mother and Father have come to such agreement as provided

by the law that it can be made.

therefore:

"2.The Mother or the Father has been adjudged incompetent or

quasi-incompetent"

the mother is bieng judged as incompetent because she is under 20, so then I the father should be the sole gaurdian?

or is that a bad interpretation of thai law... ?

[themadpoorfreelover]

Op. Why not just get a job here in Thailand?

English teacher = 30000 - 40000 per month.

sent from my Q6

cant, wont, dont want to- i get about 50,000 in australia on the single parent pension, I have my own home there and I dont have to stay in this country with my son, he also gets excellent medical and schooling in AU.. who would want to do that?

and i couldnt get 30000, i would be lucky to get 15000

[thaicbr]

Op. Why not just get a job here in Thailand?

English teacher = 30000 - 40000 per month.

sent from my Q6

cant, wont, dont want to- i get about 50,000 in australia on the single parent pension, I have my own home there and I dont have to stay in this country with my son, he also gets excellent medical and schooling in AU.. who would want to do that?

and i couldnt get 30000, i would be lucky to get 15000

Your 24 and you will get a pension in Aus?????

Why do you think you would be lucky to get 15 thou.

Your white and speak English!

That's 25thou minimum.

Ohhh as to why... maybe so your son has a mum with him!

sent from my Q6

Edited November 30, 2012 by thaicbr

[themadpoorfreelover]

Op. Why not just get a job here in Thailand?

English teacher = 30000 - 40000 per month.

sent from my Q6

cant, wont, dont want to- i get about 50,000 in australia on the single parent pension, I have my own home there and I dont have to stay in this country with my son, he also gets excellent medical and schooling in AU.. who would want to do that?

and i couldnt get 30000, i would be lucky to get 15000

Your 24 and you will get a pension in Aus?????

Why do you think you would be lucky to get 15 thou.

Your white and speak English!

That's 25thou minimum.

Ohhh as to why... maybe so your son has a mum with him!

sent from my Q6

sorry i shouldnt get into this. but yeh its called parenting payment. its bout 1600 AUD dollars every 28 days.

and the mother and I are going our separate ways so its either village Thailand with a bunch of crazy issan relatives (my wifes view too), poor food, harsh climate, mosquitos, dangerous roads, flooding etc or Australia.

Just last week another young boy died in my wifes village he was playing with his friends near the river and he drowned.

her village has a population of about 200. most people over 40 are alchoholics, thats about 60% and in the younger generation my wife has lost a cousin (girl) to drowning, a baby died when he crawled under the wheel of the village market pickup car, a young girl was raped by a 18yr old man, a family tried to drive thier pickup over a flooded bridge and they were swept into the river, husband, son and pregnant wife died, wifes mother will be getting out of jail in about 12 mnths and is coming back, there is problems with drugs too. where would you want your son to live? and no she doesnt want to live in the cities, she (TGF) wants to take care of her grandma and grandpa who although theya re dying of alchoholism they are very sweet people. and no, i dont want to stay here because there are no opportunities for me really and this is not my country. 25000 baht a month will not be enough to keep me happy. I have a nice home and assest in australia. etc

[Mario2008]

As your GF mother seems to be empowered to sign the passport application it would seem that she has legal custody over the child.

As said, you can file a paternity suit and become the legal father of the child but that will take a few months, maybe longer if the mother of your GF doesn't want to play along.

mother of the TGF will play along with anything but she is in jail. by the time she get out my sons mother will be 20.

are you saying that the grandmother of my child would have to sign the letter for him to leave the country???????????

how could she (GF mother) have custody of him if she never even came to the hospital to see him when he was born and didn't come to the amphur to register him or anything, she has never signed any legal document has only seen him twice for no more than 10 mins when she come to our house to ask for money.

As your GF is incompetent as she is minor, the amphur might have given her mother automatically legal custody over the child. That would be a standerd solution. If that is indeed the case , yes, she would need to sign the letter giving you permision to take the child with you. (I would get a leter from both GF and the mother, just to be on the save side and you will not have any problems).

Who signs the birth certificate is not important.

Since you have not legitimised the child as yours, you are not the legal father as far as Thai law is concerned. So you don't have any rights. Legitimisation would give you rights.

legitimisation is the best, bout would take a few months. But you could consult a lawyer and see if things can be speed up as the current legal gardian is in jail.

[themadpoorfreelover]

As your GF mother seems to be empowered to sign the passport application it would seem that she has legal custody over the child.

As said, you can file a paternity suit and become the legal father of the child but that will take a few months, maybe longer if the mother of your GF doesn't want to play along.

mother of the TGF will play along with anything but she is in jail. by the time she get out my sons mother will be 20.

are you saying that the grandmother of my child would have to sign the letter for him to leave the country???????????

how could she (GF mother) have custody of him if she never even came to the hospital to see him when he was born and didn't come to the amphur to register him or anything, she has never signed any legal document has only seen him twice for no more than 10 mins when she come to our house to ask for money.

As your GF is incompetent as she is minor, the amphur might have given her mother automatically legal custody over the child. That would be a standerd solution. If that is indeed the case , yes, she would need to sign the letter giving you permision to take the child with you. (I would get a leter from both GF and the mother, just to be on the save side and you will not have any problems).

Who signs the birth certificate is not important.

Since you have not legitimised the child as yours, you are not the legal father as far as Thai law is concerned. So you don't have any rights. Legitimisation would give you rights.

legitimisation is the best, bout would take a few months. But you could consult a lawyer and see if things can be speed up as the current legal gardian is in jail.

but according to thai law section 1556 if the mother is deemed incompetent then the other parent becomes the gaurdian. ?

[themadpoorfreelover]

Question 1:

Yes, you were in the wrong office. That office legalizes = verifies signatures/documents are real. But the answer was correct.

You will need approval from your GF to take the child out of the country. A simple note from the mother with a copy of her ID-card should do it. But you couldd indeed get the form from the amhur and have it stamped by them. Also take the birth certificate, which names you as the father.

You can only legitimize the child by marrying your GF or going to the court to be recognised as the legal father. Going through the court will take a couple of months and is done at the family court for the area where the child is registered on the household register.

You don't need to legalize the child to take the child out of Thailand. With legalisation you would be the legal father and have parental rights. Without it you would be a care taker for the child, meaning that your GF could demand the child back at any time from you. But you might have legitimize the child under Australian law, which means that as far as Australia is concerned you are the legal father, but not in Thailand as the child was born in Thailand and must be legitimized under Thai law).

Question 2.

Immigration checks sometimes, but is concerend with child trafficking. Having permission from the mother and the birth cerificate naming you as the father makes sure there will be no problem with leaving.

Question 3.

He can just leave on his Australian passport, the birth certificate shows why there are no records of the child entering Thailand. The Thai passport can be applied for once the mother is 20, you can even do that with her being in Thailand and you being in Australia.

Since your GF is a minor, my answers can be wrong as for some things she might need official permission form her mother. But I suspect it will not be a big problem.

sorry Mario i seem to be taking you round in circles a bit thanks for asking my original questions, so its clear, he can travel on just one passport, and i don't have to be legalized as the father to take him out of the country.

The custody issue is only if i needed to take him out of the country without the mothers permission I would need full custody etc. so i don't really need custody.

But

the only possibility i have is then still an immigration one.

I have heard many people saying they took their children out with something like "a hand written note" and possible a copy of the mothers ID card. then this is more of an immigration question. If the birth mother is present at the airport and he is an Australian citizen then how will can they legally stop him from going. What will be the immigration position on this, it is highly likely that an immigration official knows a little about child custody- enough to want to sight a letter from the mother, but maybe not entirely versed in Thai constitutional law? am i right, so as it is, I can just leave with him yes. After all they're job is just to stamp the passports and check for overstays etc. what do you think if i as to approach it from this attitude?

[endure]

A flame has been removed. The OP is trying to get information about his situation. If you have no useful information to offer then best to keep quiet.

[themadpoorfreelover]

Just looking for legal answers pertaining to my situation, innuendo or ignorance wont help me to get any answers.

[Mario2008]

There are 3 kind of parents: the biological, the social and the legal parent(s) of child. The law is concerned with who the legal parent is, which currently you are not. That is why you don't have parental rights.

You don't need to be the legal father of the child to take him out of the country and raise him in Australia. The legal guardian of the child, your GF's mother, can give you permission to raise the child as she is authorised to determine the place where the child stays.

In Australia you might be the legal father as with the passport you might have legitimised your son as yours under Australian law.

I would advise to get written permission from both your Gf and her mother to take your son out of the country and raise him in Australia. A simple note giving you permission should do. The problem is that this permission can be retracted. That would mean a court battle in Australia and problms with travling to Thailand. That is why I advise you to legitimise the child under Thai law also, so there will not be any problems in the future.

Leaving with the child on the Australian passport will not be problem. Have the letter from the GF and her mother, but you will probably don't need it. When you leave Thailand with the child, you just show his birth certificat and passport. As the child bears your name, there will probably no questions asked. It is more in cases that a child travels with an adult that has a different last name that questions are being asked to prevent child trafficking.

Immigraiton will just want to make sure nobody is trafficking the child or taking him out of the country without permisison and showing them the permission will be fine.

[somtampet]

when i first met my TGF and we wanted to get married I had heard the stories of sinsot and all that crap. I was already in the mind that i didnt want to pay money to a lazy thai family for their daughter, when i found out that she didnt have contact with her mother and father and all I had to do was meet her grandma and grandpa, who then told me money was not necessary i thought i was blessed! now i wished that her parents had been around a bit and i had slipped them 20000 or so to make everything easier...

ALL THAT CRAP????

This is not a western thingmate,this is a thai thing,been going on for many years,probably before u were born.btw before u ask,i am not married,and dont intend too,got my last will and testament,thats all i eed

[themadpoorfreelover]

There are 3 kind of parents: the biological, the social and the legal parent(s) of child. The law is concerned with who the legal parent is, which currently you are not. That is why you don't have parental rights.

You don't need to be the legal father of the child to take him out of the country and raise him in Australia. The legal guardian of the child, your GF's mother, can give you permission to raise the child as she is authorised to determine the place where the child stays.

In Australia you might be the legal father as with the passport you might have legitimised your son as yours under Australian law.

I would advise to get written permission from both your Gf and her mother to take your son out of the country and raise him in Australia. A simple note giving you permission should do. The problem is that this permission can be retracted. That would mean a court battle in Australia and problms with travling to Thailand. That is why I advise you to legitimise the child under Thai law also, so there will not be any problems in the future.

Leaving with the child on the Australian passport will not be problem. Have the letter from the GF and her mother, but you will probably don't need it. When you leave Thailand with the child, you just show his birth certificat and passport. As the child bears your name, there will probably no questions asked. It is more in cases that a child travels with an adult that has a different last name that questions are being asked to prevent child trafficking.

Immigraiton will just want to make sure nobody is trafficking the child or taking him out of the country without permisison and showing them the permission will be fine.

Ok thanks for all your help, but since the mother is in jail can she be allowed to sign anything... ill have to find out myself. I doubt she will be able to, and she is not all with it, im not sure if she can read or write anyway. they wont retract the permission, they are kind enough people. but getting that into the jail will be hard enough.

Edited December 1, 2012 by themadpoorfreelover

[themadpoorfreelover]

next time i write i post ill not include any personal information, its hard to seperate the issues as i need to tell the story properly to try and get the answer, but people just want to have a dig. and i think i gave out too much personal info.

Edited December 1, 2012 by themadpoorfreelover

[Mario2008]

Being in jail doesn't mean she is not allowed to sign documents. What it does mean is that she can't go to the amphur or Thai Foreign Ministry to sign documents there and have them officially legalised. But as said a letter from her will be enough without it being oficially legalised at the amphur. (Do try to provide a signed copy of her ID-card as proof).

[themadpoorfreelover]

Being in jail doesn't mean she is not allowed to sign documents. What it does mean is that she can't go to the amphur or Thai Foreign Ministry to sign documents there and have them officially legalised. But as said a letter from her will be enough without it being oficially legalised at the amphur. (Do try to provide a signed copy of her ID-card as proof).

ok thanks mate it looks allmost sorted. so if i can get the jail to let the grandmother sign something then he will be able to leave.

but ill still try and find a sympathetic amphur that will stamp something for me to make it more official.

but i found out some more information i dont know if it is relevant-

I am in the tabien ban also as the father. or is this just standard for a farang on the birth certificate to be included in the family tree book?

also how would this be a solution to my letter of consent problem-

if we went to the amphur in loei with my Thai girlfriends father, and he legitimized himself as her father?

(the mother and father never married so he himself was never legitimized)

maybe then he could sign something for my son to leave?

or perhaps even if he signed something then immigration would accept that as thai girlfriend has his last name,,,, ?

[Mario2008]

That you are in the tabien baan is because you are registered on the birth certificte as the father.

Your GF's father can only legtimize her if the mother also appears at the amphur, which she can't. as a result, he would need to go through the court the same as you for legitimising your child.

You will get your child out of the country without any problems. You and your son have the same last name and that is what immigration checks, together with the birth certificate. When your names are not the same, then they will want to make extra checks.

The letter from the mother is more important as it gives you the power to take the child and raise him. So nobody can make a claim you took the child away illegally once you are in Australia. If there ever would be a challnge to have the child back, you then would have a stronger position as nobody can claim you kidnaped the child.

Legitimizing the child in Thailand would give you a much stronger position in Thailand and would allow you to visit Thailand with your son without having to worry about custody issues.

[themadpoorfreelover]

That you are in the tabien baan is because you are registered on the birth certificte as the father.

Your GF's father can only legtimize her if the mother also appears at the amphur, which she can't. as a result, he would need to go through the court the same as you for legitimising your child.

You will get your child out of the country without any problems. You and your son have the same last name and that is what immigration checks, together with the birth certificate. When your names are not the same, then they will want to make extra checks.

The letter from the mother is more important as it gives you the power to take the child and raise him. So nobody can make a claim you took the child away illegally once you are in Australia. If there ever would be a challnge to have the child back, you then would have a stronger position as nobody can claim you kidnaped the child.

Legitimizing the child in Thailand would give you a much stronger position in Thailand and would allow you to visit Thailand with your son without having to worry about custody issues.

thanks alot for all your help, If any one else is in a similar position i hope they can learn from this confusing post ive made...

[Arkady]

It is a rather complex situation. It would of course be best to get yourself legally recognised as the child's father in a Thai court and get him a Thai passport before leaving. If time is of the essence, however, you could just take the child to the airport with plenty of time to spare with Oz passport, birth certificate and a letter of permission from the mother signed and witnessed with a copy of her ID card. Immigration is likely to put a lot of weight on the fact that the Oz Embassy has issued a passport and might look any further. Some Get the mother to stay at the airport until you can confirm you are past Immigration. If there is a problem, Immigration can call her to come and confirm that she has given her permission. Later on you can get the child a Thai passport in Thailand or Oz with the right documentation. Probably the priority now is to get home and establish a career that will enable you to support your child (and his mother if that is part of the plan).

A couple of points in your post seem a bit odd to me. You didn't need parental consent to marry their daughter under Thai custom or cohabit with her since she was already over 15 at the time which is the age of consent under the Penal Code. 20 is just the age limit for getting a passport. I don't believe there is any law that prohibits prisoners from signing documents. Even Thaksin, who should be jail, has signed many documents including his own divorce papers and court papers to sue other people. The amphur or district office has nothing to do with issuing passports. That is the job of the Ministry of Foreign Affairs and I don't see how they would even know the girl's mother had signed the parental consent form from prison, if she wanted to apply for a passport. These sort of points suggest that much of the advice you have received so far has been rather muddled from your girlfriend or others who little knowledge of Thai law. Unfortunately district office staff are notorious for ignoring the law in favour of making up their own laws as they go along.

[yannic]

great replies from Mario and others thats how TV should be.

Anyway I would not worry about Thai legalisation now. Just get him out as suggested. If you ever will return then on the AUS passport then he enters as AUS citizen and can also leave as such.

You can still get him a Thai passport once you return and the mother is above 20. I think that may be easier.

[David48]

Thai Visa at it best ... ... a mine of information.

.

[krisb]

Thai Visa at it best ... ... a mine of information.

.

Thats for sure.

Best of luck to the op, and his son!...

ps, dont forget you will get the baby bonus even if he was born in Thailand.