Custody Of My Son

[kermit the frog]

Me and my Thai wife split up about 3 months ago. She lost control, attacked me with a knife and left with my son. He is now living with granny in Isaan and she is working .... somewhere. She doesn't allow me to contact her mum to speak with my son and won't allow me to see him. I feel that he should be with at least on of his parents in an environemt where he can learn and develop to the best of his abilities. I don't want my son to grow up as a complete Thai, not even being able to speak English properly. He doesn't even look Thai, he has blonde hair and all the Thais call him a farang. Basically, I have considered taking him without her consent. I read that in Thailand, the authorities will not get involved if one parent takes the child without the consent of the other parent. I don't want to get arrested for "kidnapping" I just want the best for my son. I want him to live with me. I don't have money for legal fees. Can anyone give me any advice at all? If I take him, will the authorities come looking for me/him/us?

Any advice will be appreciated.

Thanks

[Mario2008]

This is an unfortunate situation. Did you get a divorce? The custody of the child will be part of that and normally if you go to court the parents will get joined custody, with one parent being the prime care taker the other having visitation rights. Only if one of the parents is a danger to the child would a court award sole custody.

Under Thai law child support would have to be paid, with the non-caretaker paying between 3,000 and 6,000 baht a month plus that the parents split the cost for education and health care.

Curently you have joined custody and under Thai law the parents determine the place where the child stays. If the child is not staying with the mother but with the grandparents under the law you can simply take the child away, as you are a parent and the grandparents have no title.

The natural course of things is that a child stays with its parents, not the grand parents. In a custody case, the mother would have to take care of the child herself or you would automatically get prime custody as the child will not stay with the mother.

[kermit the frog]

Thank Mario2008 for your reply.

It gives me some hope that if I get the chance to go to their tiny, remote village, I can take him by law. I of course, need a way to get there and get him, unharmed, as I am not entirely sure the family wouldn't turn nasty if I were to go there now.

We are not divorced yet, though she says she will divorce me soon, when she has time.

Thank you!

[Mario2008]

The law is on your side, but getting the child in reallity is soemthing different.

Acording to the law, keeping yothe child away from you is a serious crime by any other then the other parent. But getting the police to help you is often difficult in famlily matters. They like to stay out of it.

[kermit the frog]

The law is on your side, but getting the child in reallity is soemthing different.

Acording to the law, keeping yothe child away from you is a serious crime by any other then the other parent. But getting the police to help you is often difficult in famlily matters. They like to stay out of it.

I hear you, I can't imagine them being very useful. But then, that could be a positive thing once I get him with me! I know they are sending him to the local nursery school in the village (more like a babysitting service run by lazy country folk, really). I wonder if I went there when he was at school and showed his British passport and birth certificate if they'd let me take him out?

[diddums]

Pay a couple of police to come with you and collect him....not local ones......just walk in and let them say what they have to say and you collect the child and leave.

Surgical strike we used to call it in special ops.

[Mario2008]

The law is on your side, but getting the child in reallity is soemthing different.

Acording to the law, keeping yothe child away from you is a serious crime by any other then the other parent. But getting the police to help you is often difficult in famlily matters. They like to stay out of it.

I hear you, I can't imagine them being very useful. But then, that could be a positive thing once I get him with me! I know they are sending him to the local nursery school in the village (more like a babysitting service run by lazy country folk, really). I wonder if I went there when he was at school and showed his British passport and birth certificate if they'd let me take him out?

As his father, they can be prosecuted for not allowing you to take your son with you. But there are also laws aginas tresspasing etc and the question is how they will react. You can not attack them, push them etc. They are probably civil servants and protected as such. Wait till they call the police and stand your grounds that you will take the child as the legal father.

[diddums]

Make sure you have all the documents with you...in thai