So my wife left, but we're still married, can I still get a 1-year extension based on marriage?

[Mario2008]

In new enquiries in Australia at the Thai Consulate, based on a one year visit to be with my Thai daughter, my name on birth certificate, not married to her mother, they told me as long as I have the birth papers, is sufficient. I asked for sure they said for sure. Will test it shortly. They said not to worry about bank details.

You are talking about getting a visa. The OP is asking about getting an extension of stay.

[Paulzed]

Get some expert legal advise.

Why did she leave everything, ID card etc... at the house?

Can you call any of her friends to she if they know where she is?

[Krataiboy]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

Not sure the poster can take the child "anywhere. . . without seeking permission from anyone". It is becoming increasingly the practice for countries to ask for documentation from new arrivals with children showing that they have their spouse's permission to travel with the child. It would be prudent for the poster to check with the immigration authorities of the country he intends to visit with the child. Otherwise he might spend a lot of money on air tickets etc and find he is are barred from entry. There are websites (notably relating to Canada, where documentary is obligatory) from which spouse permission for travel forms can be downloaded.

This link might be helpful:

https://help.cbp.gov/

The guidelines on travel with a child caution: "If a child (under the age of 18) is traveling with only one parent. . . while the U.S. does not require this documentation, many other countries do. . ."

[Pattaya Pat]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

Perhaps you can explain how immigration stopped my son leaving Thailand for Australia on an Australian passport with his Thai mother on the basis that she might be taking him to Australia to sell him.

Erh, because he was with a Thai national (his mother ) and NOT with another foreinger (his dad) I would have thought that was fairly obvious, to be fair.

[ubonjoe]

In new enquiries in Australia at the Thai Consulate, based on a one year visit to be with my Thai daughter, my name on birth certificate, not married to her mother, they told me as long as I have the birth papers, is sufficient. I asked for sure they said for sure. Will test it shortly. They said not to worry about bank details.

I assume that was at one of the honorary consulates not the official consulate in Sydney.

You cannot normally get a multiple entry non-o based upon having a Thai child at a embassy or official consulate without being the legal father by way of marriage (divorced or widower) or legitimization.

[IanSalisbury]

Just one extra document you need is a letter of support from your wife for yr applying for a non o spouce visa. Re Thai console Perth Australia

[Maggusoil]

In new enquiries in Australia at the Thai Consulate, based on a one year visit to be with my Thai daughter, my name on birth certificate, not married to her mother, they told me as long as I have the birth papers, is sufficient. I asked for sure they said for sure. Will test it shortly. They said not to worry about bank details.

I assume that was at one of the honorary consulates not the official consulate in Sydney.

You cannot normally get a multiple entry non-o based upon having a Thai child at a embassy or official consulate without being the legal father by way of marriage (divorced or widower) or legitimization.

Its the Consulate office in the city where "all" the visas are issued from in Sydney.

I will be testing it shortly. I was also advised I did not need a travel date either, or a plane booking.

In the past I have found the phone advice to be accurate.

95% or my travels with 3 month tourist visas, have also been done with one way tickets.

Perhaps the frequency of my travels over the years. I don't know.

[ubonjoe]

In new enquiries in Australia at the Thai Consulate, based on a one year visit to be with my Thai daughter, my name on birth certificate, not married to her mother, they told me as long as I have the birth papers, is sufficient. I asked for sure they said for sure. Will test it shortly. They said not to worry about bank details.

I assume that was at one of the honorary consulates not the official consulate in Sydney.

You cannot normally get a multiple entry non-o based upon having a Thai child at a embassy or official consulate without being the legal father by way of marriage (divorced or widower) or legitimization.

Its the Consulate office in the city where "all" the visas are issued from in Sydney.

I will be testing it shortly. I was also advised I did not need a travel date either, or a plane booking.

In the past I have found the phone advice to be accurate.

95% or my travels with 3 month tourist visas, have also been done with one way tickets.

Perhaps the frequency of my travels over the years. I don't know.

Not all visas are issued in Sydney. There is the embassy in Canberra and the honorary consulates that do them also.

Please let us know if you get it or not.

I just posted what the MFA's policy is. But honorary consulates are normally a little more flexible.

[MikeandDow]

In new enquiries in Australia at the Thai Consulate, based on a one year visit to be with my Thai daughter, my name on birth certificate, not married to her mother, they told me as long as I have the birth papers, is sufficient. I asked for sure they said for sure. Will test it shortly. They said not to worry about bank details.

I assume that was at one of the honorary consulates not the official consulate in Sydney.

You cannot normally get a multiple entry non-o based upon having a Thai child at a embassy or official consulate without being the legal father by way of marriage (divorced or widower) or legitimization.

Its the Consulate office in the city where "all" the visas are issued from in Sydney.

I will be testing it shortly. I was also advised I did not need a travel date either, or a plane booking.

In the past I have found the phone advice to be accurate.

95% or my travels with 3 month tourist visas, have also been done with one way tickets.

Perhaps the frequency of my travels over the years. I don't know.

Not all visas are issued in Sydney. There is the embassy in Canberra and the honorary consulate that do them also.

Please let us know if you get it or not.

I just posted what the MFA's policy is. But honorary consulates are normally a little more flexible.

I will be interested in the outcome but I don't think you will have a problem

Edited June 11, 2014 by MikeandDow

[samran]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

Perhaps you can explain how immigration stopped my son leaving Thailand for Australia on an Australian passport with his Thai mother on the basis that she might be taking him to Australia to sell him.

Why was a child with Thai nationality leaving Thailand on a foreign passport?

One of the reasons may have been if your child was born in Thailand with no visa in the foreign passport then a local birth certificate would have been necessary to show how the child 'entered' Thailand.

My wife, non-Thai, regularly takes our kids, all Thai citizens, out of the country by herself.

[Maestro]

Removed a nonsensical post.

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[paulchiangmai]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

Perhaps you can explain how immigration stopped my son leaving Thailand for Australia on an Australian passport with his Thai mother on the basis that she might be taking him to Australia to sell him.

Why was a child with Thai nationality leaving Thailand on a foreign passport?

One of the reasons may have been if your child was born in Thailand with no visa in the foreign passport then a local birth certificate would have been necessary to show how the child 'entered' Thailand.

My wife, non-Thai, regularly takes our kids, all Thai citizens, out of the country by herself.

I think you've hit the nail on the head as they refused him departure because his mother did not have his birth certificate with her, I had it with me on a flight out the previous day. She had to continue on to Australia without our son as her visa would have expired, she immediately returned from Australia to Chiang Mai with the birth certificate and from then on no problems.

[Maggusoil]

In new enquiries in Australia at the Thai Consulate, based on a one year visit to be with my Thai daughter, my name on birth certificate, not married to her mother, they told me as long as I have the birth papers, is sufficient. I asked for sure they said for sure. Will test it shortly. They said not to worry about bank details.

I assume that was at one of the honorary consulates not the official consulate in Sydney.

You cannot normally get a multiple entry non-o based upon having a Thai child at a embassy or official consulate without being the legal father by way of marriage (divorced or widower) or legitimization.

The Ambassador's Office is in the national capital Canberra.

The Sydney office which I am referring to is the Consul General's (Head) Office. Honorary Consular Offices are listed in the country's other State Capitals.

[Roda07]

Wish you all the best. Just look for a good lawyer to solve your problem. I salute you for not leaving your son.

[Arkady]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

No personal experience of this situation but this advice sounds right. You are a foreign man who entered Thailand with a foreign child on a foreign passport and I don't see why Immigration should be concerned when you both leave together. How would they even know that the child is half Thai anyway? There are plenty of look krung with an Asian parent that is not Thai. The overstay is no big deal because they cannot fine minors for overstaying.

There could only potentially be a problem, if the mother accused you of abducting the child but that doesn't sound likely at this point. In that case, she might only interested in getting some money out of you.

[Greg Nixon]

Sounds complicated enough that you should get a free consultation from a Thai lawyer. I think you may end up using one. Ask your embassy for a list of approved lawyers.

[BrooklynNY]

I have read many posts on a Thai web board about family disputes between interracial marriage of Thai women vs. farang, Japanese, Korean, Chinese and etc.

I would like to caution you not to believe what your Thai wife said to you that she does not want to take care of her child (and yours). As long as you stay in Thailand with your child, she will eventually come around to claim the child back. She ditched her young child out of wanting to get back at you, to make you suffer that you have to take care your young child on your own. She knows that the child is used to having her as his/her mom.

If I were you, I would return to Europe with your child and do not go back to Thailand for a few years. this way your wife can not claim her child back to use him/her as an opportunity for suing you for a child support.

I do not support on your plan of cheating the immigration by having another Thai woman to pretend to be your runaway wife.

You should go to the police to have a daily report that your wife abandoned the child. I would recommend to go alone with your child meaning that you should not bring any other new Thai g/f or any Thai woman, you have to show to the police of your hardship for having to take care of the child alone. After obtaining an official copy of the police report, you take that to Amper to provide a letter acknowledge that currently you are the only guardian to take care of your child. You keep that with you just in case that you are stopped upon your departure at the airport.

I am certain that your wife will find a way to contact you after she has it made with a new richer farang man then she may want to claim her child back. It is likely to happen in the future.

By the way, I never had any problem at Thai airport immigration during trip alone with my young children then to and from Thailand.

Edited June 11, 2014 by BrooklynNY

[Soutpeel]

Lots of wrong advice being given here.

In Thailand either of the married parents can go where they like with their child.

Custody only comes into it, after divorce and a custody order (or agreement) has been made.

You aren't divorced, I assume you are married, so you can go where you like with baby without seeking permission from anyone.

If you file for divorce, you open a big can of worms, Thai courts don't like Thai children taken out of Thailand.

You won't be given 100% custody, no matter what, and you won't be allowed to take the child out of the country.

If you use a foreign passport and don't mention any Thai connection to anyone, Thai border control/immigration won't care at all, foreign child, not their business.

They usually don't care if a Thai child either. But a foreign child, no problem at all.

Especially as the kids foreign passport shows him entering the country.

(If he was born in Thailand, they may have asked why no entry stamp in his passport)

Anyway, good luck whatever you do.

Bringing up a child is hard enough with both parents pulling together.

No personal experience of this situation but this advice sounds right. You are a foreign man who entered Thailand with a foreign child on a foreign passport and I don't see why Immigration should be concerned when you both leave together. How would they even know that the child is half Thai anyway? There are plenty of look krung with an Asian parent that is not Thai. The overstay is no big deal because they cannot fine minors for overstaying.

There could only potentially be a problem, if the mother accused you of abducting the child but that doesn't sound likely at this point. In that case, she might only interested in getting some money out of you.

And this the key to this whole question, at the moment the estranged wife may not care, but if at some point she does, and the OP doesn't have his act together, ie been to see a lawyer and tried to get some sort of "legal status " as regards the child, the ex can very easily lay a charge of "abduction" if the child is taken out of Thailand, he really needs to make sure he is covered in this regard

[AnotherOneAmerican]

And this the key to this whole question, at the moment the estranged wife may not care, but if at some point she does, and the OP doesn't have his act together, ie been to see a lawyer and tried to get some sort of "legal status " as regards the child, the ex can very easily lay a charge of "abduction" if the child is taken out of Thailand, he really needs to make sure he is covered in this regard

She can't claim abduction to any Thai authorities. No such thing as parental abduction in Thailand.

To claim abduction in another might be possible, depends on her access to the other country.

If she has no right to entry of the other country,

Australia, yes. USA, maybe (depending on state). UK, no.

Edited June 12, 2014 by AnotherOneAmerican

[Soutpeel]

And this the key to this whole question, at the moment the estranged wife may not care, but if at some point she does, and the OP doesn't have his act together, ie been to see a lawyer and tried to get some sort of "legal status " as regards the child, the ex can very easily lay a charge of "abduction" if the child is taken out of Thailand, he really needs to make sure he is covered in this regard

She can't claim abduction to any Thai authorities. No such thing as parental abduction in Thailand.

To claim abduction in another might be possible, depends on her access to the other country.

If she has no right to entry of the other country,

Australia, yes. USA, maybe (depending on state). UK, no.

Although not fully ratified into law as yet Thailand has signed the Hague treaty, therefore the estranged wife can petition the Thai attorney general for action in the country where the child has been taken, provided the country concerned has also signed the Hague treaty, so if Aussie, US and UK have signed this treaty then oh yes she can lay a case of child abduction

Therefore she doesn't need to enter any other country, she means needs to petition the correct Thai authorities

Edited June 12, 2014 by Soutpeel

[sirchai]

So my wife left, but we're still married, can I still get a 1-year extension based on marriage?

That was the OP's question. I can't believe that so many others jump to conclusions which is absolutely irrelevant..

The fact that you're still married entitles you to apply for a Non-O visa in Sawannakhet, where you don't even have to show financial proof.

Don't worry about your Toddler's overstay, the fact that she'd left her ID card makes it easy for you. There's no need for your wife to come with you to the Thai consulate in Sawannakhet/ Laos.

You'll need a signed copy of her ID card, which might be your biggest problem now. Use your imagination and common sense now.

I'd assume that you don't want to overstay, so please get your new visa and then see if she comes back, or not.

I've read your posts and all I see is a guy who fell in love with a woman, who then left her husband and little child alone.

Think positive, renew your visa and she might be back tomorrow. Good luck for you and your Toddler.

Cheers-

Edited June 12, 2014 by sirchai

[AussieWife]

This topic is similar to my situation any help would be appreciated.
I am an Australian who married an American in Australia. I spent good money making application for Australian Citizenship for him.
He abandon me and returned to America 2 months before his application would have been approved.

He has been in touch with me recently saying he wants a divorce (this is fine by me) but as he is in America CA and we were married in Australia can he obtain a divorce from America?

As I said any help would be appreciated

[ubonjoe]

This topic is similar to my situation any help would be appreciated.

I am an Australian who married an American in Australia. I spent good money making application for Australian Citizenship for him.

He abandon me and returned to America 2 months before his application would have been approved.

He has been in touch with me recently saying he wants a divorce (this is fine by me) but as he is in America CA and we were married in Australia can he obtain a divorce from America?

As I said any help would be appreciated

This not exactly a question to be answered on the Thai visas forum or a forum here in Thailand. You should ask a lawyer and/or do a search about Australian divorce law.

I am certain if the divorce is done by mutual consent it can be done in the US or Australia without it being a big problem.

[Chao Lao Beach]

You would not be able to get an extension based upon having a Thai child until you get divorced and have at least joint custody of your child.

You could get a 60 day extension if your child was registered in a house book.

If you could get your wife to give you a signed and dated copy of her house book and ID. With those and your marriage certificate (plus a copy) you get a multiple entry non-o visa in Savannakhet that would give you 90 day entries for a year.

The laws are set so you the farlang are forced to act like most Thai farthers I hae meet after a divorce, abandon all responsiility of their child.

Good luck acting like a responsible adult and caing for your child.

[ubonjoe]

You would not be able to get an extension based upon having a Thai child until you get divorced and have at least joint custody of your child.

You could get a 60 day extension if your child was registered in a house book.

If you could get your wife to give you a signed and dated copy of her house book and ID. With those and your marriage certificate (plus a copy) you get a multiple entry non-o visa in Savannakhet that would give you 90 day entries for a year.

The laws are set so you the farlang are forced to act like most Thai farthers I hae meet after a divorce, abandon all responsiility of their child.

Good luck acting like a responsible adult and caing for your child.

The laws do not force anything when the divorce is done.

If the divorce is done by mutual consent the custody is agreed to by both parties to in the agreement that is signed and made part of the divorce decree at the Amphoe.

It it goes to court it it will be settled by a judge. I have seen reports of a judge granting full custody to a farang father.