Obtaining Passport For Stepdaughter - Custody

[NEWMAN2930]

Hi Guys

Firstly thanks for taking the time to read my post and secondly mods please feel free to move this if posted in wrong section.

I have a 5 year old step daughter who's Father is also a Farang (Swiss National - im English).

My now wife fell pregnant with a Swiss guy and after he intially excepted the child - registering his daughter at the Amphur, signing the birth certificate and making a Temporay Swiss passport for his baby daughter as well as marrying the babies Mum (now my wife) in Thailand at the Amphur he quickly backed out and ran away back to Switzerland, not long after i got together with my wife and have been "Dad" to my stepdaughter since she was around 6 months old. Me and my wife have been together ever since finally getting married 2+ years ago having gone through a complicated process of my wife divorcing this guy via the Swiss Courts using a Swiss lawyer whilst being present in Thailand throughout.

The divorce was mutual and the grounds being his behaviour, abondoning his then wife and baby ect. Their divorce was obviously granted however no provision for Custody was made at this time despite the Swiss Court being aware he was the babies Father.

Now as we understand things the Amphur will not grant my wife full legal custody without the Dads permission, we have contacted him but whilst he has had nothing at all to do with his daughter and has not supported her or shown any interest whatsoever in her so he eqqually will not give my wife custody, seemingly out of "revenge" "hatred" ect as he feels wronged...the point being we are in limbo, we cannot get our daughter a passport and my wife cannot gain custody without his signature and yet he will not give this seemingly out of spite as he has absolutely nothing to do with his child.

We have tried using a Thai lawyer who just ripped us off, we have tried using a Swiss lawyer to help but again the Dad will not sign the custody consent papers and so as i say we are stuck. Does anybody have any advice or knowledge of what we can do ?, as the Father is Swiss and legally declared the Child as his at birth in Thailand and got the child a Temporary Swiss passport at birth so can we apply to the Swiss authoriies to get our daughter a Swiss passport now as she is half Swiss by birth right ?.

Any advice greatly appreciated

[Boo]

Topic title amended and moved to family subforum.

[Mario2008]

Only the court can give sole parental rights to the mother, which is not easy to obtain. But since he has no contact with his child and it makes things difficult, the mother might have cause to get sole parental rights.

Suggest you contact issaanlawyers, they have a good reputation regarding famlily law and should be able to inform you about your options and likelyhood of succes.

Appplying for a Swiss passport is best informed at the Swiss embassy. Some countries require that both parents sign the passport application, just as Thailand does..

But returning to Thailand with a Swiss passport will make the child subject to immigration rules. (Not a ver big problem, as Thai nationality can be shown and is enough for extensions of stay, but still an inconvienence).

[simple1]

OP: My now wife and child were abandoned by a European. We wanted her child to move to Australia with us, so wife obtained sole custody by providing a statement to the Amphur, backed in writing, by two Thai witnesses, there was no need to employ the services of a lawyer. Suggest you go back to the Amphur to understand the process and documentation required and if still not clear then engage the services of a reputable lawyer.

EDIT: The law may have changed that it now requires a Court ruling to determine if a child has been abandoned by the father, would imagine the Amphur can advise if this is so.

Edited November 4, 2013 by simple1