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Court Order To Make Sure Child Comes Back To The Uk


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Posted

I am in a extraordinary difficult position with the Thai mother of my toddler child in that she wants to take her back from England to Thailand for 18 months, i don't really want her to go as i worry it will be the end of my close relationship with my kid as i don't trust her to bring her back then.

I am British, my child was born in Thailand but moved to England aged 5 months and the Thai mother has British citizenship.

Now one idea i have come up with is that we can get a court order/legal document signed confirming that she will bring my kid back in August 2014 which is when she will be 4 and a bit, and ready to start school. But where she not to return will it just be a worthless piece of paper.

Obviously i am aware a UK court order won't have much worth in Thailand is there any court orders i could get her to agree to sign over there to back the UK one up.

Basically i do not want my child being educated in Thailand, her future will be far better having a British education and both her mother and father living close by.

Her idea seems to be letting our daughter be raised by her grandmother in some village in farthest Isaan, while her she works god knows where and I see her father a couple of times a year.

Any advise would be appreciated, i will seek legal advice in the UK but i doubt i'll manage this until January 2nd when the holidays are over, hence my posting.

Posted

Would say your wife is up to no good.

Why would she want to leave,for that length of time.

Maybe applying for sole custody,could work.

Legal assistance is a must.

Legal aid office to start.Solicitors mostly offer that first hour consultation free.

Posted

Thailand is signatory to the treaty on child abduction, but in practise in case of a Thai national abducting the child to Thailand it doesn't seem to be very effective.

One would have to go to court in Thailand to sort out the custody issue.

A Thai court will not allow her to leave the child with the grandparents, while she herself is working and living in another place. The norm is that the parents take care of the child and that the other spouse takes care of the child when he/she can't.

It seems your wife is not happy in the UK. it might be more worthwhile to see what the problem is and try to find a solution to that.

Posted

She's not brass she did have quite a good job before having the kid ... she has lived In England for 10 years or so and accepts its the best place to educate our child. But one minute its she's going back to Thailand for a few years, then when i say up until September 2014 (school starting age) she'll say yes ok then, thus i do not trust such vagueness ... plus anything can happen in 18 months, hence my need for guarantees.

The reason she wants to go back is because we don't get on too well and she has been raising the kid in England by herself as i'm away 6 months off the year working, thus wants help from her family.

If anyone has suggestions i'm all ears, but i definitely will call a solicitor.

Posted

I think the only real option open to you is get a court order to not allow the child to leave the UK. But that will probably be the end of your relationship, ending in divorce and given that you are most times away she will get custody over the child in case of a divorce.

Posted (edited)
She's not brass she did have quite a good job before having the kid ... she has lived In England for 10 years or so and accepts its the best place to educate our child. But one minute its she's going back to Thailand for a few years, then when i say up until September 2014 (school starting age) she'll say yes ok then, thus i do not trust such vagueness ... plus anything can happen in 18 months, hence my need for guarantees.

The reason she wants to go back is because we don't get on too well and she has been raising the kid in England by herself as i'm away 6 months off the year working, thus wants help from her family.

If anyone has suggestions i'm all ears, but i definitely will call a solicitor.

It seems to me that if you keep up with the same lifestyle you now have,you will probably loose your family,if they are important to you why not change,for instance what about taking a job that keeps you at home every month,this may mean a reduction in salary,but that's surely preferable to losing you're family.To be fair to your wife,it can't be easy for her to be living in a foreign country, far way from her family and without a husband for half the year. How about putting yourself in her shoes.

Edited by nontabury
  • Like 1
Posted
She's not brass she did have quite a good job before having the kid ... she has lived In England for 10 years or so and accepts its the best place to educate our child. But one minute its she's going back to Thailand for a few years, then when i say up until September 2014 (school starting age) she'll say yes ok then, thus i do not trust such vagueness ... plus anything can happen in 18 months, hence my need for guarantees.

The reason she wants to go back is because we don't get on too well and she has been raising the kid in England by herself as i'm away 6 months off the year working, thus wants help from her family.

If anyone has suggestions i'm all ears, but i definitely will call a solicitor.

It seems to me that if you keep up with the same lifestyle you now have,you will probably loose your family,if they are important to you why not change,for instance what about taking a job that keeps you at home every month,this may mean a reduction in salary,but that's surely preferable to losing you're family.To be fair to your wife,it can't be easy for her to be living in a foreign country, far way from her family and without a husband for half the year. How about putting yourself in her shoes.

Yes i know but i'm willing to put my child in full time nursery so she can work.

Unfortunately there isnt much work close to where i live but we've gone past this stage she is intent on going.

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