Question with regards to existing children

[apb1919]

Hi all,

I have read TV for some months now and (on the most part) am able to answer any queries i have from other peoples threads.

That said i cannot easily see any questions that relate to my circumstances and so here goes;

I have been seeing a my Thai GF for the best part of a year now (she is 23 i am 28) and i have lived in Koh Samui and BKK with her since January (with the occasional 1 week trip back to the UK)

We have decided to get married next week and are both very happy about this, she also has a child (2 years old) from her previous relationship with a Thai man. He does not see the child any more as he was using the child to blackmail money out of her and generally treated the child badly.

From what i understand she has got papers signed at the Amphur signed by a person of authority in her village that she looks after the child on her own and the farther is no longer around. (She explains this means he has no rights at all to the child and cannot be involved in any way with the child any more) I believe his name is on the birth certificate however they were not married (and never have been) and he was never registered as the farther of the child at the Amphur.

My 1st Question is: Is the above correct and he can have no more involvement with said child?

Secondly, once we are married as per the 'pinned post' any future children will be in the eyes of Thai law mine and i can apply for a uk passport accordingly, is this correct?

Thirdly and finally - the current child i would like to also have a UK passport, the pinned post is not to clear, once we marry do i become the legal farther of the existing child ? and if so can i then apply for a UK passport?

If this is not the case can i be registered at the Amphur as the legal farther? Even though i did not know my GF 3 and 1/2 years ago!?

The aim of this is to get my GF and any children over to the UK where we will spend 75% of the year and 25% of the year in Thailand.

Thanks in advance and if any more info is needed please let me know.

[Sceptict11]

You will not be able to "get" the child a UK passport. The child is Thai and only entitled to a Thai passport

Suggest you go here and read how difficult you will find achieving your ambition of settling in the UK will be.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/

[Boo]

Simple answer - no, you cannot naturlize the child as yours or british just by marrying the mother.

Any children you do have with her that are boilogically yours, born in Thailand, will be British citizens (providing you were born in UK)

You must be married to the mother for Thai government to recognise your legal rights as a father of any biological children. if you aren't married the mother will have full rghts over the child & you will have none.

If she is still married to the father of her first child & gets [pregnant with yours, HE will be considered the legal father under thai law & COULD petition court for custody.

As for spending 75/25% time in UK, Thailand, how will you do this when you will have a child in school full time in a couple of years? Paying for 3+ people flying back & forward to thailand a couple of times a year during school holidays is a very expensive idea.

[apb1919]

Simple answer - no, you cannot naturlize the child as yours or british just by marrying the mother.

Any children you do have with her that are boilogically yours, born in Thailand, will be British citizens (providing you were born in UK)

You must be married to the mother for Thai government to recognise your legal rights as a father of any biological children. if you aren't married the mother will have full rghts over the child & you will have none.

If she is still married to the father of her first child & gets [pregnant with yours, HE will be considered the legal father under thai law & COULD petition court for custody.

As for spending 75/25% time in UK, Thailand, how will you do this when you will have a child in school full time in a couple of years? Paying for 3+ people flying back & forward to thailand a couple of times a year during school holidays is a very expensive idea.

Thank you both for your replies,

As far as i understand obtaining a settlement VISA should be fairly easy, we have had a visitor visa granted a few weeks ago after a second attempt.

• you and your partner are both aged 18 or over at the date of application;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsisting;
• if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• you meet the suitability requirements;
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• you meet the financial requirement;
• you meet the English language requirement; and
• if you are in the UK and want to extend your leave or apply for settlement in the UK you will need to meet the suitability requirement.

We can tick all of the above points so fingers crossed it shouldnt be an issue.

Is it possible just to register in the Ampur as the legal farther of the 2 and 1/2 year old?

As for flying backwards and forwards it shouldnt be an issue during school holidays, it will be no more expensive than taking holidays elsewhere during holidays.

[Mario2008]

Q. 1: The biological father can petition the court to become the legal father, and in that he will succeed. (It will also make him liable to pay child support, so he might not want that). Another point is if he also will acquire parental rights, to that the mother can object.

Q2. You children will be legally yours and have both Thai and British nationality.

Q3. ask a lawyer.

[Boo]

Is it possible just to register in the Ampur as the legal farther of the 2 and 1/2 year old?

No, You aren't the legal father. You didn't know the mother at time of birth & the child is 100% thai. The child will need a settlement visa the same as the mother.