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Posted

My ex GF recently took our daughter to Malaysia without me knowing, I've been to court and i am the legal father and have visitation every 2 and 4th weekend. I made a police report so it was known that i was unable to see my daughter, they have since come back. I've now found out she plans to take my daughter there again next month and i'd like to know how/if i can stop it. As far as i know my daughter only has a british pp which is in my possession, so i'm not sure how she has managed to get her into Malaysia. My daughter is only 2 years old and was told by the court that i could not go for custody until she turns 3 years old. Can i turn up before she goes and take my daughter?

Posted

She is violting a court order. It appears your ex-gf has applied for a Thai passport for your daughter, which she can't do without your approval unless she has sole custody.

The question is what you exactly have, visitation rights and joined custody with the mother or only visitation rights. It seems you only have visitation rights, but I can't place the requirement for the daughter to be at least 3 years old before the court will award you custody. (That will be shared custody with the mother. Only when the mother is a danger or mentally unfit to take care of your daughter will you get sole custody).

It might be possible to get a court orde to prevent your daughter from leaving the country. But that is best discussed with a competent lawyer.

Such action will damage your relationship with the mother and should be considered carefully. If it is only a short holiday then it might be better to let it pass and see if the mother will agree to letting you visit the child another time. If you think that the mother will take the child to Malaysia permanently a court action might be better.

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Posted

Thanks, i'm currently getting the court papers translated by the MFA to find out the exact wording, as i understand i get sole custody if she breaks the agreement.

Posted

The MFA does not translate documents, they only certify documents that are translated by a translation agency. You do not need to certify the documents, as it are official Thai documents for use in Thailand.

It will not be as simple as she breaks the agreement and you get sole custody.

Posted

The MFA does not translate documents, they only certify documents that are translated by a translation agency. You do not need to certify the documents, as it are official Thai documents for use in Thailand.

It will not be as simple as she breaks the agreement and you get sole custody.

If i remember correctly there is a small (independent??) office with a translation service in the building of MFA on the left when you enter.

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