hammered70 Posted December 30, 2013 Share Posted December 30, 2013 Hi, I am posting on behalf of my friend who is currently living just outside Bangkok. He has a Thai wife and a 4 month old daughter. To cut a long story short, His wife is insistent on leaving him and has given him full custody of the baby. The baby has a Thai birth certificate but he needs to come back to England to work. How does it stand with him getting a passport for the baby if the wife has absolutely no intent of hanging around to help with the passport application process. He is registered as the father on the Thai birth certificate. Any help would be appreciated. Or does anyone know of a lawyer or agency in Bangkok who could advise him. I have suggested that he visits the UK Embassy in Bangkok for advice as soon as they open after New Year. Thanks in advance for any constructive guidance for him. Link to comment Share on other sites More sharing options...
Bastian Posted December 30, 2013 Share Posted December 30, 2013 His wife cannot give him full custody of the baby, only the family court can do that. He can ask his embassy, but if the mother does not cooperate he will probably have no choice but to ask the family court to give him sole custody. Will require a lawyer, quite some time and I imagine it will be difficult to convince the judges that the mother should no longer have custody. 1 Link to comment Share on other sites More sharing options...
David48 Posted December 30, 2013 Share Posted December 30, 2013 From your statement ... "His wife is insistent on leaving him and has given him full custody of the baby.", my first question is ... just how has His wife has given him full custody of the baby. Is that a verbal instruction? In writing? Are these things registered somewhere? 1 Link to comment Share on other sites More sharing options...
Popular Post benalibina Posted December 31, 2013 Popular Post Share Posted December 31, 2013 It seems that she just said chok dee and bye to him and the baby, thats it. Most likely an emotional spur of a mentally underdeveloped woman......nothing new.....good luck for your friend in trying to do the right thing for the baby. 3 Link to comment Share on other sites More sharing options...
Popular Post Mario2008 Posted December 31, 2013 Popular Post Share Posted December 31, 2013 When legally married you have automatically joined custody with the mother. If the baby has the same name in the passport as the father, leaving the country should not be a problem. He will need to take the birth certificate with him, immigration might ask for it. Any proof that mother doesn't want to take care of the child will be welcome and should be kept for if needed at a later date. Sole custody could be established at part of a divorce at the local amphur, at that moment a deal regarding the custody of the baby can be entered. This might be an emotional outburst or the sign of a depression as a result of the pregnancy. he should thread carefully and see what he can do to save the relationship. 11 Link to comment Share on other sites More sharing options...
hammered70 Posted December 31, 2013 Author Share Posted December 31, 2013 From your statement ... "His wife is insistent on leaving him and has given him full custody of the baby.", my first question is ... just how has His wife has given him full custody of the baby. Is that a verbal instruction? In writing? Are these things registered somewhere? He told me she has given it to him verbally and in writing. But it has not been notarised or witnessed, which I told him he really needs to do. 1 Link to comment Share on other sites More sharing options...
krisb Posted January 1, 2014 Share Posted January 1, 2014 (edited) I'd be ringing a visa expert first, probably then my embassy and then a lawyer familiar with ths law unless his advice is free. If you can, please come back and let us know how it went and good luck to your friend. Edited January 1, 2014 by krisb Link to comment Share on other sites More sharing options...
Puyai Posted January 1, 2014 Share Posted January 1, 2014 I didn't have any problem at all getting a passport for my son, as like your friend I am registered as the father on the birth certificate. Once he has the passport the shouldn't be a problem leaving the country. 2 Link to comment Share on other sites More sharing options...
simple1 Posted January 1, 2014 Share Posted January 1, 2014 OP: If your friend is unable to resolve the issues with his wife the child will need a Thai passport for departing Thailand, the requirement for applying for a passport aged 15 and under is at the URL below. Note that one parent must accompany the child, signs the parental consent form, and submits a notarized consent letter of the non-appearing parent. Accordingly unless unable to settle their differences I assume the Court would need to confirm the father has sole responsibility for the child. http://www.mfa.go.th/main/en/services/1415/21479-Requirements-for-the-Ordinary-e-Passports-Applicat.html Link to comment Share on other sites More sharing options...
patongphil Posted January 1, 2014 Share Posted January 1, 2014 When legally married you have automatically joined custody with the mother. If the baby has the same name in the passport as the father, leaving the country should not be a problem. He will need to take the birth certificate with him, immigration might ask for it. Any proof that mother doesn't want to take care of the child will be welcome and should be kept for if needed at a later date. Sole custody could be established at part of a divorce at the local amphur, at that moment a deal regarding the custody of the baby can be entered. This might be an emotional outburst or the sign of a depression as a result of the pregnancy. he should thread carefully and see what he can do to save the relationship. This post natal depression thing is real and pretty common and I agree with Mario to take things slowly at this stage. Time may very we'll change things as it did to me some 3 years ago and we now have a second child. 1 Link to comment Share on other sites More sharing options...
jacko45k Posted January 3, 2014 Share Posted January 3, 2014 I think trying to get a UK passport for the child would be a good start. Did he register the birth with the embassy? Nevertheless the Bangkok UK Embassy does still issue first time passports. I too wonder if the mother has post natal depression. Link to comment Share on other sites More sharing options...
LukKrueng Posted January 3, 2014 Share Posted January 3, 2014 This law office deals with child custody http://www.isaanlawyers.com/ I spoke with Christian over there - seem to know what they are doing. Link to comment Share on other sites More sharing options...
randyoon Posted January 3, 2014 Share Posted January 3, 2014 (edited) His wife cannot give him full custody of the baby, only the family court can do that. He can ask his embassy, but if the mother does not cooperate he will probably have no choice but to ask the family court to give him sole custody. Will require a lawyer, quite some time and I imagine it will be difficult to convince the judges that the mother should no longer have custody. You and the mother can go to the Amphur in your district and have a paper drawn up stating that she is giving you sole parental power for your daughter. This may not work but since you are not a Thai citizen. You would have to ask the District Chief. Edited January 3, 2014 by randyoon Link to comment Share on other sites More sharing options...
wolfmanjack Posted January 3, 2014 Share Posted January 3, 2014 When legally married you have automatically joined custody with the mother. If the baby has the same name in the passport as the father, leaving the country should not be a problem. He will need to take the birth certificate with him, immigration might ask for it. Any proof that mother doesn't want to take care of the child will be welcome and should be kept for if needed at a later date. Sole custody could be established at part of a divorce at the local amphur, at that moment a deal regarding the custody of the baby can be entered. This might be an emotional outburst or the sign of a depression as a result of the pregnancy. he should thread carefully and see what he can do to save the relationship. The first time I took my kids out of the country immigration required me to have a letter from my wife saying it was okay. Once they had stamps in their passports from previous trips immigration did not ask for a letter giving permission. Link to comment Share on other sites More sharing options...
bbbbooboo Posted January 3, 2014 Share Posted January 3, 2014 It seems to me that the "mothers" behaviour would be evidence of her unfitness to be a mother so whatever happens it would probably need to start from there. A real sad example Link to comment Share on other sites More sharing options...
Pii Kate Posted January 3, 2014 Share Posted January 3, 2014 Ever think she may have post partum depression? Any decision she makes now might be under duress. She should be seen by a doctor before any legal actions are taken. Link to comment Share on other sites More sharing options...
superdome Posted January 3, 2014 Share Posted January 3, 2014 I have great feelings for the father..he only wants best for baby. I had a very good friend in Samui who was in the same position [had 2 children]...he did a "runner" with the kids to UK..now seem happy there...but did leave the wife distraught,he told the wife he was going for a "short holiday"..never came back..i did NOT agree with what he did. Now the wife wants kids back...am in an akward position as i get on with both of them...does the wife have any re-dress on getting the kids back..she would like to know...thx for any help Link to comment Share on other sites More sharing options...
Mario2008 Posted January 3, 2014 Share Posted January 3, 2014 She can file for sole custody, but her options are limited as wil require the cooperation of both countries. However, courts don't like parents who take matters in their own hands. A UK-court will rule in the intrest of the children and will also consider how long the children are already in the UK living with the father. And the older the children are the more of a say the children themselves will have in this. But the longer the mother waits with legal action, the more chance the father has that the children will stay with him. She will need a good lawyer, specialised in family law and who has dealt with these kind of cases before. She could contact isaanlawyes to see if they can give some advise and recommend a good lawyer closer to her. Link to comment Share on other sites More sharing options...
CWMcMurray Posted January 3, 2014 Share Posted January 3, 2014 If he has UK birth certificate showing him as the father and a UK passport and a letter from the mother giving him custody of the child... Would think customs would let him leave the country and would certainly try this before trying to open a can of worms by going to a Thai court. Would just make sure to keep the paper from the Thai wife giving him custody in a safe place, so he can use it to show that he did not have any intent of kidnapping or doing a runner... This is completely different than the other poster that mentioned a guy telling his wife that he was taking the kid for a short visit and then never coming back Also something to think about ... If it is just a case of short time depression and this guy needs to return back to the UK for work... Where should the child stay? Is it the best interest to stay with the person suffering from depression that wants nothing to do with the child or the other parent? What kin of father would he be to leave his child in that situation and go back to UK for work? 1 Link to comment Share on other sites More sharing options...
Kayahammer Posted January 3, 2014 Share Posted January 3, 2014 Ever think she may have post partum depression? Any decision she makes now might be under duress. She should be seen by a doctor before any legal actions are taken. Is the correct way to proceed. Post Natal Depression can be very serious and needs to be considered as the cause. Link to comment Share on other sites More sharing options...
rct99q Posted January 3, 2014 Share Posted January 3, 2014 Have not dealt with this personally but have seen it with other families. I would suggest to your friend that he and his wife seek counselling if possible. Even here in Thailand it is recognized and they do have programs to help at most major hospitals and private clinics. if she is unwilling or uncooperative the father should go it starts to build a case for gaining sole custody if he shows attempts at getting medical attention etc... As mentioned if one is not married (legal) to the Thai person PRIOR to the birth of the child it makes things a little more complicated but not impossible to gain custody. Having your name on the birth certificate alone is not recognized as being a legal guardian (parent). Also take into consideration the name of the child. Although it may be difficult to get a Western name printed on a birth certificate one can do it phonetically in Thai. That is what we did and when it gets translated into English it works out the same as mine. And as another poster mentioned before leaving you should have a letter signed and notorized (if possible) that gives permission from the other parent for you to take the children out of the country. Many airlines are hesitant to carry a single parent with a child without one of these letters.(Letter of Consent). http://travel.gc.ca/docs/child/consent-letter_lettre-consentement-eng.pdf This link is from the Canadian Government but can easily be modified to fit anyones needs. Not a legal document but does help when a child is traveling by themselves, with one parent, or authorized guardian. Link to comment Share on other sites More sharing options...
cherrylee2512 Posted January 3, 2014 Share Posted January 3, 2014 i am a farang mum and i split up with my thai boyfriend shortly after my daughters birth. the mother cannot give custody without going to court. Is it not possible to get a copy of her id card signed (a couple of copies) and house registration and then get her to sign the documents you can print them from the internet. my daughter is 5 now she has 2 nationalities british passport and thai you must register the birth of your child with the uk embassy before you can do anything she will need to sign this too you can apply for a passport at the same time i cant remember how much but i think total was 14000 for both birth certificate and passport. you then need to get a thai passport sorted out i managed to get my daughters dad to go with me to do this but if you cant ger her to go you will need to go to see a lawyer and get them to get a court hearing to ask for custody it shouldnt take long Link to comment Share on other sites More sharing options...
fxe1200 Posted January 3, 2014 Share Posted January 3, 2014 His wife cannot give him full custody of the baby, only the family court can do that. He can ask his embassy, but if the mother does not cooperate he will probably have no choice but to ask the family court to give him sole custody. Will require a lawyer, quite some time and I imagine it will be difficult to convince the judges that the mother should no longer have custody. You do need a lawyer and without tea-money you cannot accomplish anything. In your case I figure 20 to 40K will be sufficient. Link to comment Share on other sites More sharing options...
Puyai Posted January 3, 2014 Share Posted January 3, 2014 i am a farang mum and i split up with my thai boyfriend shortly after my daughters birth. the mother cannot give custody without going to court. Is it not possible to get a copy of her id card signed (a couple of copies) and house registration and then get her to sign the documents you can print them from the internet. my daughter is 5 now she has 2 nationalities british passport and thai you must register the birth of your child with the uk embassy before you can do anything she will need to sign this too you can apply for a passport at the same time i cant remember how much but i think total was 14000 for both birth certificate and passport. you then need to get a thai passport sorted out i managed to get my daughters dad to go with me to do this but if you cant ger her to go you will need to go to see a lawyer and get them to get a court hearing to ask for custody it shouldnt take long You do not need to register the child's birth with the UK Embassy to get a passport. Link to comment Share on other sites More sharing options...
dighambara Posted January 4, 2014 Share Posted January 4, 2014 His wife cannot give him full custody of the baby, only the family court can do that. He can ask his embassy, but if the mother does not cooperate he will probably have no choice but to ask the family court to give him sole custody. Will require a lawyer, quite some time and I imagine it will be difficult to convince the judges that the mother should no longer have custody. Bastian you comment is backward, as the important point is the passport and foreign citizenship. Once the child has both passports, the Father can carry him on any plane leaving the country - alternate parent's permission is not normally required for children accompanied by one parent. Link to comment Share on other sites More sharing options...
meatboy Posted January 4, 2014 Share Posted January 4, 2014 It seems that she just said chok dee and bye to him and the baby, thats it. Most likely an emotional spur of a mentally underdeveloped woman......nothing new.....good luck for your friend in trying to do the right thing for the baby. i suspect she's in germany with her new boyfreind,but where are her parents in this,kids are normally left with them. a dog wouldnt do what she's done. Link to comment Share on other sites More sharing options...
Straight8 Posted January 4, 2014 Share Posted January 4, 2014 How any mother could give up a child so young, so innocent is way above my comprehension span. Post-natal ??? Possible but highly improbable... A bargirl itching to go back to what she knows, enjoys, drinking and having a great time with friends.. quite good odds. Bottom line.. doesn't matter either way what she is, this is one disgusting act. I sincerely hope this guy is successful with his quest to obtain full custody of this child, take it back to farangdom and give it a proper upbringing in a western society. Link to comment Share on other sites More sharing options...
Konini Posted January 4, 2014 Share Posted January 4, 2014 Perhaps naively, I would have assumed that if the child has a UK passport, then it would be free to leave the country with the parent who holds a UK passport, nothing to do with Thai officials at all as it is simply 2 British citizens travelling (although of course no entry stamp for one of them). Seems I have assumed wrongly. Link to comment Share on other sites More sharing options...
Mario2008 Posted January 4, 2014 Share Posted January 4, 2014 2 speculative posts removed. Link to comment Share on other sites More sharing options...
Forethat Posted January 5, 2014 Share Posted January 5, 2014 i am a farang mum and i split up with my thai boyfriend shortly after my daughters birth. the mother cannot give custody without going to court. If the parents are married, custody can be entered into the divorce agreement during the divorce at the Amphur. Link to comment Share on other sites More sharing options...
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