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Posted

I started another post about my getting a UK visa but not hes son as the UKBA stated that the son's father still has a significant role in his son's life. A fact his mother disputes.

My wife is now in the UK so I have got to see the divorce papers myself.

It says:

Both parties have cohabited for 7 years, having togther 1 child, ie Master ***** *****, who will be under the parental control of the female party and the male party will support the child by Grade 6 graduating class.

Apart from the English not being perfect so still a small amount of doubt it seems clear to me that the mother has custody. Is that other people's reading of this.

It says parental control under the mother with the father only supporting up to the end of grade 6. Of couse what is doesn't say is what happens after grade 6.

Is the Khor Ror 6 the correct document and should we be getting any other documents from the courts in Thailand?

Posted

It seems to me that the court order is not helpful to your case. It gives custody to the mother, but the father must contribute financially. I think the ECO will probably argue that this constitutes shared responsibility. The responsibilty canot be "sole" ( that is, the mother has sole responsibility) if someone else has financial responsibity.

Tony M

Posted

But only to the end of Grade 6. Not sure how the ECO can make a decision on the basis of something that was only applicable up to three years ago.

Anyway if the UKBA are arguing that this constitutes shared resonsibility they can do so in front of a UK barristor.

Posted

I find a lot of Thais use the words "by" and Until in the incorrect manner, maybe this is the error and the father will help pay for the child until the 6th Grade, is what should have been written.

Posted

But only to the end of Grade 6. Not sure how the ECO can make a decision on the basis of something that was only applicable up to three years ago.

Anyway if the UKBA are arguing that this constitutes shared resonsibility they can do so in front of a UK barristor.

the wording says by and not only to the end, this might be the problem.

Posted

But only to the end of Grade 6. Not sure how the ECO can make a decision on the basis of something that was only applicable up to three years ago.

Anyway if the UKBA are arguing that this constitutes shared resonsibility they can do so in front of a UK barristor.

But you didn't say that the applicant had finished Grade 6. I assumed he had not finsihed Grade 6. If it was 3 years ago, then you are probably okay, and you can argue that in the supporting letter to the application.

Posted

He finished Grade 6 3 years ago in March 2010.

The joke is the boy has now been forced to move from Bangkok to Surat Thani to live with his grand parents and the father's contact, as sparse as it was, will now be nil.

Well done the UKBA. Having turned down the visa because it will deprive the father to access, the UKBA have, by its decision, prevented the father from having access at all. I can't see him getting off his arse and going to Surat Thani to see his son.

Posted

He finished Grade 6 3 years ago in March 2010.

The joke is the boy has now been forced to move from Bangkok to Surat Thani to live with his grand parents and the father's contact, as sparse as it was, will now be nil.

Well done the UKBA. Having turned down the visa because it will deprive the father to access, the UKBA have, by its decision, prevented the father from having access at all. I can't see him getting off his arse and going to Surat Thani to see his son.

Presumably, you have appealed against the decision, and can argue all of these points at the hearing.

Posted

The appeal will be going in today or tomorrow, the 28 days is up next week.

One thing that struck me was my wife asked transcripts of the telephone interviews and these have been provided in English. If that is the case does that mean that the interviews were in English? If the interviews were in Thai then what was provided were translations of the transcipts not the actual transcripts. Am I entitled as part of the appeal to the actual recordings rather than a translation of the transcript.

I simply don't believe some of the answers to some of the questions.

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