Bangkok Juvenile Court

[britinthai]

Having gone through 10 years of relentless frustration with the Bangkok Juvenile Court; Im now at my wits end, where I believe they have yet again made a decision even before an actual court hearing. My former wife married the reason I divorced her, we went through a very bitter custody battle for my son who is now turning 13. The appeal court gave her physical custody and me three weekends per month, which she defaulted countless times; but the courts ignored every police report - thus the Supreme Court reverted back to the appeal court judgment. As time went by my son started to demand he see me, thus I got to see him more often but not outside the appeal court judgment. I decided to move to the middle east and work. My son most must have annoyed the living daylights out of his mum, as December last year she brought him to see me, along with her hubby. The very next day my son said he was not going to return to Thailand as he was not happy back in Thailand. I started a new custody case, but to date this has been rejected, we are now looking at the Supreme Court (Yes custody to Appeal in 4 months), in the mean time my former wife pushed to have me arrested and charged for kidnapping my son, which went to court and resulted in a not guilty verdict.

The problem is that my former wife is now pushing this matter back in the Thai courts, where they demand that either I or a lawyer attend the court, with the judge stating if I dont they will give full custody to the mum. The February case was postponed (To March) as I called them hence I know what will happen, to inform them that, because of the criminal action of kidnapping the courts are holding my passport - even though latter it was not guilty verdict; they are still holding my passport until the full judgment has been released with suggestions being the end of May. For the March case I faxed a correctly formatted court document with a statement from my son (Hand written) and a translated court document proving that my passport is being held by the court; I also had a hard copy submitted to the Bangkok Juvenile Court via a friend; this was accepted and thus the case was postponed for April. Yesterday I followed the same procedure (Fax and hard copy) for the April hearing but this time they rejected the submittal; stating to my friend either I or a lawyer must come.

I fully understand that if I go or I send a lawyer then they can justify the judgment of awarding full custody, and yet again if I dont attend they will mark me as absent and simply make the judgment anyhow; one way or another they have already decided.

The situation where I'm residing is that my former wife submitted the Thai Supreme Court order into the courts, which has been rejected because Thailand does not accept court orders from other countries. Therefore no matter what the Thai courts decide my sons decision to remain with me will not change. However my son is very angry, as his mum has taken both his passports (British and Thai) where understandable the Thai embassy must follow the Thai law, but the British is also following the concept that my former wife has a court order thus they wont issue him a new passport. My son has a pardon from the Government thus he can stay with me and attend school, irrespective of him not having his passport and valid visa.

On a personal note my son is very happy with me, he is being loved very much by my current wife and daughter, he is getting a much better education, he gets everything he needs and now my family can visit to see him - whereas in Thailand I had to get the court permission, for any family member to see my son; even for his grandparents. My sons life in Thailand was: Get up at 05:30 for school, get home at 18:30, either cook or wait for mum who arrived any time after 20:00 with hubby. Saturday was all day in the office, as was every school holiday, and Sundays he had to go with Step dad with step dads other son, while his mum went shopping. Obviously the mum and courts cant or wont understand why he has made the decision to get out of Thailand, and of course he knows, if he returns he will be back to the same routine. His mum has regular contact by phone and she is welcome to visit him here any time she wants. I think it is time for the mum and Thai courts to let go and for once put the best interest of the child first.

[HeavyDrinker]

Your post is a little vague.

Where are you now?

[Travel2003]

A child staying with the parent not granted custody will normally be a kidnapping case world wide.

We see that numerous of times with some Muslim men, or Japanese men, when they bring their kids to their homelands, and suddenly the kid do not want to go back to the mother.

Tricky stuff.

I guess OP was sending money to the kid when he was with his mother?

We all know where the money will end up, if this is the case.

Question:

If OP is in Middle East, and Passport is in hands of whhich Authorities, OP got a duplicate passport to use when travel to and from the court in Thailand?

Please don't shoot me down, as this is confusing.

PS. All the best luck for OP

[itchybum]

A child staying with the parent not granted custody will normally be a kidnapping case world wide.

We see that numerous of times with some Muslim men, or Japanese men, when they bring their kids to their homelands, and suddenly the kid do not want to go back to the mother.

Tricky stuff.

I guess OP was sending money to the kid when he was with his mother?

We all know where the money will end up, if this is the case.

Question:

If OP is in Middle East, and Passport is in hands of whhich Authorities, OP got a duplicate passport to use when travel to and from the court in Thailand?

Please don't shoot me down, as this is confusing.

PS. All the best luck for OP

From how I read it, no he cannot travel as that is the reason he cannot get to the thai court dates, they have kept his passport.

[metisdead]

Posts with incorrect/unsubstantiated information have been removed as well as the replies.

I could be totally wrong also, I've had a few drinks.

It might be a good idea to back away from your keyboard.

[itchybum]

Posts with incorrect/unsubstantiated information have been removed as well as the replies.

I could be totally wrong also, I've had a few drinks.

It might be a good idea to back away from your keyboard.

Thanks for the advice, appreciated so much.

[britinthai]

Your post is a little vague.

Where are you now?

Middle east

[britinthai]

I have been tried for kidnapping and found not guilty. This was based on a few factors: The mum handed the child over to me I did not take him; the middle east country has signed up to the convention of children rights, where the child has a say which parent he wants to live with, the child was being neglected, so the father was protecting his son, the child said he was not happy living with the step dad (there is more to this but pending action will be compromised). The mum departed the middle east taking both passports, which is a criminal matter, which was reported by the Thai embassy and now pending court in the middle east.

The problem is Thailand wants me in court but until I get my passport back, even if I wanted to I cannot return; thus the courts will do as the judge threatened over the phone award full custody to the mum. Last month they accepted a fax and hard copy defence, but this month they have rejected the defence that I do not have my passport even though they have a translated court document of the court holding my passport; I feel they are being very unfair, and as evidently before in other hearings they have already made their decision, they just want the just cause to make it.