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Posted (edited)

My 5 year old daughter and I are no longer together but both live in Austarlia, her mother has found a new man who she has talked into buying her a house in Thailand, so she wants to return to Thailand with my daughter

My daughter has an Australian Passport which I have possesion of

My question is can her mother get her a Thai passport, as she has a Thai mother with out my permission or signiture

Edited by tezzainoz
Posted

Your daughter is also a Thai national. But the mother can only apply for a Thai paspsort with your approval. Both parents must sign the passport application, (but only one parent must be present the application in person).

If you fear she will be elaving Thailand with the child, you can ask a judge to block your child from leaving Australia.

  • Like 2
Posted

Your daughter is also a Thai national. But the mother can only apply for a Thai paspsort with your approval. Both parents must sign the passport application, (but only one parent must be present the application in person).

If you fear she will be elaving Thailand with the child, you can ask a judge to block your child from leaving Australia.

sorry I forgot to mention, we where never married

Under Australian law I am her father

But I have been told under Thai Law I have no right to the child

Does her Australian citizenship over rule this Thai Law

Posted

That is difficult to tell. If the child was born in Australia, it chould be as the child is legitimised under Australian law. If the child was born in Thailand, it will be more complicated.

But not being married makes it easier for the mother to claim she has sole custody and obtain a Thai passport for the child without the need for your approval. She might slip through the ases of the law.

As said, best to get a court order preventing your daughter to leave the country. But it will sour the relation with the mother and possibly the access to your child. Do consider this carefully.

Posted

A Thai passport issued in Australia can only be done so 1 day a year in most Thai consulates. I think there's only 1 consulate that can issue them any week day.

Mario, is this correct?

Posted

A Thai passport issued in Australia can only be done so 1 day a year in most Thai consulates. I think there's only 1 consulate that can issue them any week day.

Mario, is this correct?

Honorary consulates can not issue a passport, as they are non-Thai government officials. General consulates normally can, as they are staffed by Thai government officials.

The embassy in Australia visits several cities a year to help Thai nationals with applying for a new passport and such.

  • Like 1
Posted

Under Australian law he has shared parenting unless the court decides otherwise regardless of whether he is married or not. If you fear she will remove the child quickly inform the police for a hold to be put on the computer for her Australian Passport and any other.. An application may need to be made to the Family court which could allow her tho leave.

  • Like 1

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