My Child (From Thai Mother) Is With Me In Uk. Going To Thailand?

[joten]

Hi I have fortunatley got my 5 year old son to the UK and his mother is in Thailand. Although his mother was 'difficult' as is not unusual..glad to have got him to UK in a good school etc.. The mother and I are not together but I wouldn't want her not to see him ever. We were not married so I know I am not even recognised as the father in Thailand. So I know taking him there would be risky that she wouldn't allow him back..is there anything I can do to prevent this risk? I know in Thailand it would be a long and costly process to win custody but is there anything I can do from here in UK? An order that would mean he must to return to UK is such a thing possible?

Any help much appreciated

[Mario2008]

No such order would be possible.

A Thai judge will make his own decision and you might not be the legal father (could depend on whether the child was born in the UK or in Thailand. If born in Thailand you will not be the legal father, if born in the UK you might be also in Thailand if you recognized the child according to UK law.)

Not being the legal father is something that can be corrected by petitioning the court. You could indeed win custody in Thailand, but the mother would probably get visitation rights and can ask the court for an order that the child is not allowed to leave Thailand.

Do take into consideration that a child needs to know both parents. Contact between mother and child is in the best interest of the child and very important. Many children suffer from the fact that they don't know anything about one of their parents.

[bow]

You could invite the mother to visit you in the UK.

If you are well off and the mother poor, then you can always buy yourself out of any trouble.

But you might get in trouble if you are on a budget.

Imagine that you visit the mother in her home and she turns her family and the whole neighbourhood against you: "the child should be with his mother". What can you, one farang, do against 10.000 angry Thais ?

You could try the police, but they would not lift a finger unless you pay them. You could try the courts but that would probably take years. You might get the case to move faster if you get your lawyer to give "presents" to the right people, but that would be very expensive.

Even if you manage to get some sort of court order in your favour, you would still have to enforce it. Maybe, when you arrive to pick up the child, the mother and the boy have gone for a holiday to an unknown destination in north-east Thailand .

Edited April 21, 2013 by bow

[joten]

No such order would be possible.

A Thai judge will make his own decision and you might not be the legal father (could depend on whether the child was born in the UK or in Thailand. If born in Thailand you will not be the legal father, if born in the UK you might be also in Thailand if you recognized the child according to UK law.)

Not being the legal father is something that can be corrected by petitioning the court. You could indeed win custody in Thailand, but the mother would probably get visitation rights and can ask the court for an order that the child is not allowed to leave Thailand.

Do take into consideration that a child needs to know both parents. Contact between mother and child is in the best interest of the child and very important. Many children suffer from the fact that they don't know anything about one of their parents.

Hi Mario, thanks for your reply,. all useful... of course he needs to know both parents and i have no wish to seperate him from his mother at all that is why i am writing here..but do i do that at the risk that he goes there and never returns from Thailand..grows up in a poor village no decent education and probably neither parent there as is their way. His mothier would probabaly go and work leaving him with her parents. Is this worth it to see and connect with his mother...?

He is and always has been a daddys boy is more than happy here in UK with me loves his school his friends etc and i blossoming....do i risk all that so he can see his mum in Thailand and maybe be help there?

thanks again...

[Boo]

Don't risk it, you have no rights in Thailand. if she wants to see him then arrange to visit a neighbouring country. Much safer.

[Mario2008]

Per above, going to a neighboring country for a holiday and have the mother visit the child there is safer.

Neither parent there would not be accepted by a Thai judge, he must stay with one of the parents. If one parent doesn't have time to take care of the child, than the other parent will be allowed to take care of the child. parents have rights, grandparents not. But it is a judicial fight you don't want to get into.

[ArranP]

difficult. I am sure the mother misses him just as much as you would, try to sort it out between yourselves.

[Blackandwhite]

Forget it, the mother can come to you if you fund the trip. I hope I do not speak out of turn but there is every chance the mother of your child will use the child as a bargaining tool for cash even if she does not wish to her family could push her to do it.

Also at present your son is probably blissfully happy with one main parent looking to his best needs. Don't complicate it unless this lady can make a difference and improvement to the child. Many kids do just great with one good biological parent bringing them up.