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Posted

Hello everyone.

An application is currently being processed to have my wife and stepson emigrate to Canada. We have received a request from Canadian Immigration (CIC) to have the biological father sign a Declaration From Non-Accompanying Parent/Guardian For Minors Immigrating To Canada form (IMM 5604E). This will state that he has no objection to the child immigrating to Canada.

The boy was not registered by the father, and has received his Thai passport with the use of the District Office letter (Por Kor 14?).

Does anyone have any experience with this? Any advice regarding CIC, Thai lawyers, Family Court or PI's regarding this matter?

Would there be any other thing I would need for the boy to leave through Thai immigration?

Advice on how to proceed finding this individual would be helpful. The family has no known whereabouts for him. No contact for many years. No phone number. My wife only knows the city his family is from. I think that the man's ID number is on the birth certificate. One photo of him is lost.

CIC is setting us up for extortion, aren't they?

Thanks and take care.

Posted

I don`t know anything about these types of procedures, but I would like to ask the OP; has he officially adopted this child of his wife?

This is something I suggest looking into first, because if the child is adopted than I don`t see any problems regarding the child being taken anywhere by the biological mother and the adoptive father.

My advice is; seek the advice of a reputable lawyer, preferably one based in Canada, who specialises in these cases.

Posted

I don`t know anything about these types of procedures, but I would like to ask the OP; has he officially adopted this child of his wife?

This is something I suggest looking into first, because if the child is adopted than I don`t see any problems regarding the child being taken anywhere by the biological mother and the adoptive father.

My advice is; seek the advice of a reputable lawyer, preferably one based in Canada, who specialises in these cases.

Thanks for the advice, but I am very much certain that a Canadian lawyer based in Canada would not be too helpful in navigating the Thai legal system (eg. Family Court, finding an individual inside Thailand, etc.). I would also suppose that a foreigner adopting a Thai child would involve a little more legal involvement and complications, and would still probably involve having to find the biological father of the child.

  • Like 1
Posted

I forgot to answer the question, even though I thought that it was understood. The boy is my stepson, so thus, I have not (yet) adopted him.

Posted

I don`t know anything about these types of procedures, but I would like to ask the OP; has he officially adopted this child of his wife?

This is something I suggest looking into first, because if the child is adopted than I don`t see any problems regarding the child being taken anywhere by the biological mother and the adoptive father.

My advice is; seek the advice of a reputable lawyer, preferably one based in Canada, who specialises in these cases.

Thanks for the advice, but I am very much certain that a Canadian lawyer based in Canada would not be too helpful in navigating the Thai legal system (eg. Family Court, finding an individual inside Thailand, etc.). I would also suppose that a foreigner adopting a Thai child would involve a little more legal involvement and complications, and would still probably involve having to find the biological father of the child.

I can only take educated guesses here, but I would think that your main problem would be getting the child entry into Canada, rather than taking the child out of Thailand. It is possible these days to deal with a Canadian lawyer online, so that`s not a problem and as for your suppose that a foreigner adopting a Thai child would be complicated, I dare say it won`t be easy, but of course you haven`t tried yet or done any investigations into the process.

My train of thought tells me that you should inquire into officially adopting the child here in Thailand and making enquires with the CIC as to whether or not the process would be easier for the child to enter Canada if you were the adoptive parent of the said child.

You have nothing to lose by making these inquiries and good luck with what ever ways you go about this.

Posted

I didn't really, I guess, make it clear that the main point was about how to find the father. It was not really about adopting the child. All other advice, of course, are welcomed extras.

  • Like 1
Posted

Trotto Did your wife marry the father at the amphur Or was it a buddist wedding.

if it was the latter then he can be on the birth certificate but the mother has sole responsibly.

  • Like 1
Posted

" My wife only knows the city his family is from. I think that the man's ID number is on the birth certificate."

If you have his full name, in Thai, and even better his Thai ID number, then you could at least come up with the address where he's registered. Might be his parents place, or at another relatives or friends, but a Thai must be registered on someone's blue tambien ban.

You should be able to get this info from your local amphur or thesaban office, they're usually helpful.

Mac

Posted

Trotto Did your wife marry the father at the amphur Or was it a buddist wedding.

if it was the latter then he can be on the birth certificate but the mother has sole responsibly.

I understand all of that, thanks. They were unmarried and the child was not registered/legitimized. It would appear that Canada, and if I understand correctly (doubt it!) that the UK and Australia need more than the Por Kor 14 to establish these rights. Canada is giving the man the right to say yes or no when he DOES NOT have the right to do so.

I may understand (a little) why.

Posted

Thanks, Mac. It has been helpful. I'll give it a go.

Any further posts from others would be appreciated, too.

One can never have too much information.

  • Like 1
Posted

I forgot to answer the question, even though I thought that it was understood. The boy is my stepson, so thus, I have not (yet) adopted him.

He will remain your stepson regardless of whether you adopt or not.

The advice, to get the opinion of a qualified Canadian lawyer would be my advice too.

You are talking about Canadian requirements after all.....

Posted

I forgot to answer the question, even though I thought that it was understood. The boy is my stepson, so thus, I have not (yet) adopted him.

He will remain your stepson regardless of whether you adopt or not.

The advice, to get the opinion of a qualified Canadian lawyer would be my advice too.

You are talking about Canadian requirements after all.....

The stepson thing is understood.

I am asking for people's experiences regarding this matter.

I am seeking help WITHIN THAILAND!.

I am not seeking help to find a Canadian lawyer.

I am asking if anyone has experiences regarding the issues in the first posting.

Thanks.

Posted

The fathers ID should indeed be on the birth certificate. That can lead you to the address where he's registered, likely his parents house. From there you may be able to get some information about where he is.

But finding him may get you more problems than you like, for sure he will be interested in money for his signature and possible will waste a lot of time. Maybe also your wife and son will not be too happy meeting him.

You adopting the child is no option, this is a lengthy procedure as the Thai authorities consider this an international adoption because you are a foreigner.

I would try to solve it from the Canadian side. A statement from the Thai authorities that your wife has sole custody may help. According to UN conventions that Canada has ratified the mother can relocate with the kid wherever she wants when she has sole custody. If Canada insists on a consent from the father they may be acting against these UN conventions. The fact that Thailand did not ratify these conventions is not relevant in this case.

Posted

Try the police. If you have his name and ID number then he should be on the police computer data base of all Thai citizens. When trying to trace the biological mother of my late brother in law"s daughter (now being raised by my wife and self) they were within a very short time able to give us the her current address where she was registered. There may have to be a monetry considertion given to the police for this information.

Posted

I suspect, as others have said here, that the solution lies in having the mother declared sole custodian of the child. Presumably this would necessitate the involvement of a Thai lawyer. I don't the Canadian authorities are being unreasonable on this one. There are obviously cases where one parent takes the child to a different country when the other parent still wanted involvement and contact; so here they are protecting the possible interests of the man. Of course, it sounds like in this case the biological father has simply run off and doesn't want anything to do with the child, but the Canadian authorities only have the mother's word to go on for this. If you do manage to track down the father, I think you may have to 'purchase' his cooperation unfortunately...

Posted (edited)

We went to the same kind of process ,when my girlfriend moved in with me she was still married but had not heard from her husband in over 8 years.

They were legally married but i think in this case it will be even easier.

Go get a lawyer closest to the place the child is registered and have him apply for sole custody.

It will require the mother of the child and her parents(in our case) to go to court and give testimony about the father having abandon the family.

This seems to happen a lot and the court was very nice and even supportive,my girlfriends parents only had to go to court once and the judge also wanted to see Ice(the daughter) but did did not ask her to speak.

All in all it took about three months and the cost was twenty thousand baht.

I did not show my face at all and the gf was not asked why she wanted sole custody ,i was not mentioned at all.

Basically the court sends a letter to the last known address of the father to give him a change to tell his side of the story,in our case he did not respond at all and i am sure this saved time.

It is possible that if he finds out there is a Farang in the picture he may want money so the best thing is to let your wife handle it all by herself.

Good luck and feel free to pm me if you need more info.

reason for edit,spelling mistakes (don't want the spelling mafia at my door).

Edited by jvs
  • Like 1
Posted

I could never understand how my wife's brother's ex wife was able to take their daughter (all Thai) to Finland without any of the 'failsafes' listed above. He was pretty cut up about it for several years.

Posted

I could never understand how my wife's brother's ex wife was able to take their daughter (all Thai) to Finland without any of the 'failsafes' listed above. He was pretty cut up about it for several years.

How?............ as usual..........money...money...money.......

Easy!!!!!!!!!!!!!!!!

Posted (edited)

Dear Op,

i find it hard to believe what rubbish some people come up with. First you';ll have to ask your wife if your step son's birth certificate has anybody mentioned as his father.

Some girls just say that they don't know who the father was, better said the guy who'd produced the baby and they leave that field blank.

There's a place in Bangkok, where you can adopt your step son, which is pretty easy. But if the biological father is mentioned in his birth certificate, I'd reckon to take a lawyer. You'll have to deal with the same place in Bangkok when trying to get him to your country.

I'm not at home under the week, as I work in another province,but could get you in touch with an American who knows more about your problem.

Please let me know where you're living, as I know a good lawyer who also speaks a good English. Not a rip of guy, if you know what I mean.

You'll need green light from the Thai authorities,therefore they want that the biological father signs a document. All the facts together, the guy's not supporting his child, they were never married etc...will make it much easier to reach your goal.

A lawyer could save you a lot of time and energy, (also money) as he/she could make a deal with the Thai authorities, as it seems to be clear that there're no interest in that guy having a son.

Another point to consider is, if your wife has got full custody, or not?

Should you live somewhere in the lower northeast, please page me and I can get you in touch with a good lawyer.

Please read this, it's an American, but I'd guess pretty similar to Canada;. http://adoption.state.gov/country_information/country_specific_info.php?country-select=thailand

Some guys here should be ashamed to assume that all Thai women have their Gigs. Wish you best of luck.-wai2.gif

Edited by sirchai
Posted

tell the Canada Immigration that your wife has no, in anyway, information on the whereabouts of his ex husband. Then ask if an attorney can do something for this which I believe is the remedy.

Posted

I forgot to answer the question, even though I thought that it was understood. The boy is my stepson, so thus, I have not (yet) adopted him.

He will remain your stepson regardless of whether you adopt or not.

The advice, to get the opinion of a qualified Canadian lawyer would be my advice too.

You are talking about Canadian requirements after all.....

It seems that the OP and family live in Thailand and they'll have to find a way to satisfy the Thai authorities.

How much does a Canadian lawyer know about Thai laws?-wai2.gif

Posted

OP: Contact your embassy visa services as they would be aware of the Por Kor 14 and would be able confirm if that is sufficient for their needs; if not what other Thai Court/Amphur document/s required.

Whilst Canada may have their own processes the URL below outlines my government requirements that should point you in the right direction, as said above, confirm actual needs with your embassy visa section

http://www.thailand.embassy.gov.au/bkok/DIAC_Visa_children.html

  • Like 1
Posted

We went to the same kind of process ,when my girlfriend moved in with me she was still married but had not heard from her husband in over 8 years.

They were legally married but i think in this case it will be even easier.

Go get a lawyer closest to the place the child is registered and have him apply for sole custody.

It will require the mother of the child and her parents(in our case) to go to court and give testimony about the father having abandon the family.

This seems to happen a lot and the court was very nice and even supportive,my girlfriends parents only had to go to court once and the judge also wanted to see Ice(the daughter) but did did not ask her to speak.

All in all it took about three months and the cost was twenty thousand baht.

I did not show my face at all and the gf was not asked why she wanted sole custody ,i was not mentioned at all.

Basically the court sends a letter to the last known address of the father to give him a change to tell his side of the story,in our case he did not respond at all and i am sure this saved time.

It is possible that if he finds out there is a Farang in the picture he may want money so the best thing is to let your wife handle it all by herself.

Good luck and feel free to pm me if you need more info.

reason for edit,spelling mistakes (don't want the spelling mafia at my door).

Thanks. That is the sort of stuff I am looking for.

Posted

Hello everyone.

An application is currently being processed to have my wife and stepson emigrate to Canada. We have received a request from Canadian Immigration (CIC) to have the biological father sign a Declaration From Non-Accompanying Parent/Guardian For Minors Immigrating To Canada form (IMM 5604E). This will state that he has no objection to the child immigrating to Canada.

The boy was not registered by the father, and has received his Thai passport with the use of the District Office letter (Por Kor 14?).

Does anyone have any experience with this? Any advice regarding CIC, Thai lawyers, Family Court or PI's regarding this matter?

Would there be any other thing I would need for the boy to leave through Thai immigration?

No problems at all but I'd advise having an informal talk with the people in the Canadian Embassy in Bangkok.

They are the best people to explain how to move this forward. You just need their advice to fill in the blanks.

It appears you already have the Thai paperwork.

http://www.canadainternational.gc.ca/thailand-thailande/index.aspx?view=d

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