Renouncing My Daughters Thai Nationality

[cabanlit]

Hello - new to Thaivisa, and hope anyone can help me with this query.

My wife and I divorced in 2011, and in the settlement, I got 'full parental control' of our daughter. My ex-wife has rights to see her during school holidays, but other than that, I have all rights. All settlement documentation was prepared by lawyer, and properly registered at the amphur when we divorced.

We (daughter and me) returned to UK last year to begin our new life together. The relationship with the ex is calm and very civil, but, for me, there's always now an undercurrent of suspicion.

During a recent visit, my ex wife admitted that she misses her daughter, and regrets giving me the 'full parental control'. (No surprise there, for me, actually). But, then she went on to say that, if she wanted, she could get the settlement overturned by the court, and get her back.

At the same time, she is fully supportive of our daughter being in UK where the education and life opportunities are so much better.

Whether the court can do that, or not, is not my worry - yet. However, the alarm bells have rung, and I'd like to look at it from another angle - renounce my daughters Thai nationality.

If I do this, then she's only a British citizen. Even in Thailand I doubt if a Thai Court could hold the citizen of another country in a custody case.

My daughter was born here in UK, and originally Thai citizenship was eventually obtained at the embassy in London. I know I can approach the embassy and maybe even local consulates, but I just know that I'll get bogged down in nonsense if I ask them. So, wondering if any of you guys know of the way to do this?

Thank you so much.

[Mario2008]

Why worry about her nationality? If you are not comfortable with sending your daughter to Thailand, you can ask a judge for an order that she is not allowed to leave the UK. Of course this will seriously strain the relationship with your ex, so you should consider it very carefully. It is natural that she misses her child.

As you have full parental control, there is not much more a Thai court will give than the already granted visits during school holidays. The sole custody will only be changed if there are very good grounds to do so. Basically you would need to be a danger for the child. What the mother could ask for is a court order that the child can not leave Thailand, so she can have access.

There is a process for renouncing Thai nationality, but it must be approved by the Thai Interior Minister. I can't tell you if he will grant it, and it will limit your child's options. Although if granted, she can always get it back.

[cabanlit]

Thank you - good information. A few points to take up:

1)

It's not that I'm 'not' comfortable with my daughter going to Thailand, and having the love from her mum and in-laws. If I were to not allow her to go, then I'd be breaking the divorce agreement myself, and then I wouldn't have much to complain about if I ended up in a court case for not allowing her the school holiday visits. So, I'd prefer to continue that, but have belt-and-braces by my idea.

2)

There is certainly no danger to the child, so have no worries on that score. But, if un-beknown to me, a court case is started, then it actually begins properly when we get there on holiday, I don't want to risk suddenly being told that I can't take her back out of Thailand.

3)

So, that is why I think a possible option is to renounce the nationality. They couldn't hold a British Citizen only, who is holidaying on a British passport.

Renouncing citizenship certainly won't reduce any of her options right now - she's only 9. Obviously, in the future when she's no longer a minor, then if she wants all the rights of a Thai person, she can beome Thai again. In fact, I'd encourage her to do that - just, in the meantime, as a minor, she is dependant upon parent(s) and the legal system that either parent could invoke.

Any further feedback is most welcome.

Edited April 3, 2013 by cabanlit

[Mario2008]

A Thai court order would still be a Thai court order and the person of the other doesn't change when the child renounces (If approved by the Interior Minister) her Thai nationality. So they could still forbid the child leaving Thailand, especially if you break the court approved settlement.

How likely that is, is always another question and certainly for me difficult to answer.