Need advice about my daughter

[farangman]

I have a 6 year old half British half Thai daughter. Mother is Thai, I am British.

I am registered on my daughter's birth certificate as the father and she has a British passport, as well as a Thai one.

My daughter's mother and I are divorced and the divorce is registered in the amphur office (thonglor) and it is noted we have 50/50 custody.

I currently live in Thailand and have done so for the past 14 years.

About 12 months ago, my ex started a new relationship with a farang guy who works in Shenzhen China, which until recently I had no problems with. However within the past week, have discovered the pair have taken my daughter out of Thailand and have enrolled her in a school in China.

I have been trying to get access to my daughter for the last 4 months (before that everything was smooth and I saw my daughter at least 3 or 4 times a week).

During the last 4 months my calls are either unanswered or I'm hung up on.

I may be mistaken, but I believe my approval would have to be given if my daughter was to be taken out of Thailand.

I will go and consult a lawyer, but would appreciate any feedback from forum members.

Edited September 1, 2014 by farangman

[BKK Blues Brother]

Go there, knock their heads together and take your daughter back.

Then get out of Dodge.

[benalibina]

It is a good idea to consult a lawyer. If possible try to find out, if you dont know already, the name of your exes new boyfriend, where he works and where they live now. Various ways of finding that out. Maybe even via a PI if you have something to go on.

My suggestion would be if you have definite location where they live to go in person there to talk it over with your ex, butbmore importantly to let your daughter see that you are not out of her life.

It seems by what you have written that no contact is possible with your daughter. This does not sound very promising about her mothers intention. This apart from breaking the law by not informing you about departure to China. Bear in mind that children of your daughters age can easily be manipulated and brainwashed to be fearfull of you. If you have the possibility....act soon.

Best of luck !

[96tehtarp]

Good luck with this. The post above recommends you to take action in China. Consider also taking action in Thailand. Your wife is breaking the custody agreed to in the divorce agreement. A Thai lawyer will know how to arrange a very nice "surprise" for your wife when she returns to Thailand. She'll come back, they all do. I'd like to see an arrest warrant waiting for her here for kidnapping when she returns here expecting a nice holiday.

[hotsoup]

Get a lawyer

Get a court order requiring that the custody terms are honoured.

Don't know how you were managing the custody arrangement. You say you saw her 3/4 times a week. Why did that stop? I would not have left it 4 months

I think you are probably right that your consent would have been required; but you will also know that Thais think they can do exactly what they want.

Sounds like you will have to do some leg work and go to Shenzen

Are you in a position to look after her?

How do you know she is enrolled in a school?

Do you have her British Passport?+ Other documentation..birth certificates Thai and UK?

In Thailand the mother, if a Thai national is obviously in quite a strong position. In China I would not be so sure. etc.etc! Good luck!

[JohnnyJazz]

Get a lawyer and trust the local police to do its job

http://www.youtube.com/watch?v=IyZ53el2exs

[ATF]

Good luck with that one at least she'll learn Chinese. If you know the guy and he's a good 'un better to let it go and try to arrange to have her for holidays. Put your daughter first.

[ebean001]

My guy friend wanted to take his daughter to Canada without the drug infested mother. No way! He had to pay a lawyer a lot of money - about 60,000 to 100,000. I don't know if it is the same for mother. Go to the airport and ask - that would be my first step.

[djhotsox]

I know for fact that in other countries (Hong Kong, Canada) that if you share joint custody it is illegal to take the child out of country without the other parent's knowledge and approval. When you travel with her in the future it is a good idea to carry a document signed and witnessed by both parties that your ex is aware of your travel plans as you may be questioned on your departure depending on how on the ball the immigration agent is!

If Thai law is such then the very least you should be doing is alerting the authorities and having it on official record that this was the case. There may come a time in your future that one of you tries to get sole custody and things like this will stand you in good stead when preparing a case either way.

Good luck. Put what's best for the kid first. The rest will fall into place.

[cosmont]

I am suprise the immigration at airport let her go out from country without your consent.

Does you kid family name is your own name on passport or mother name ?

Flying to China will need a visa, does the consulate in Bangkok issue a visa for a kid without consent of legal father, have to check.

Does new husband is chinese and are they married ?

During the divorce, did you mention on documents your visiting rights, amount of money you pay for child custody to mother, etc.

By the way, the first step will be to hire a lawyer and sue her at court as soon as possible, you should not have wait so long to proceed. Ask to court to revoke her parental power, you might have a chance.

When I divorced, I have clearly made a condition that kid could not be take abroad without consent of both parents or parental power will be revoked to the one who did not respect it.

Later when the mother did not let me see kid for 3 months, I sued her and obtain that my exact custody was writen on court agreement, 2 days per week, half of school holiday.

Be aware than in Thailand, mother have many rights more than you... but you have rights also. Take the kid abroad without your consent and don't let see her anymore is a serious offence.

The profile of the mom is important also, show that she was bad woman and bad mom is a plus, judge will consider it.

Good luck and let us now how is going the file.

[oliver engel]

Its not unusual that a Thai woman can bring her child out of Thailand,without her husbands or divorced husband knowledge,if she has all the Documents needed.

I can also bring my son out of the Country and have done this before.

Edited September 3, 2014 by oliver engel

[Just Destiny]

It is too late to say but I would have gone to police or lawyer after 2 weeks or latest 1 month when you didn't have access.She might have been preparing for her plan of action. Begin with cutting ties with you so your daughter would easily follow her.Now you must go to the police and show your custody agreement and any evidence that shows your ex left Thailand with your daughter. I believe police will have to investigate. Also see a lawyer to start a legal action. If Thai authorities can not do anything at the moment there may be consequences for your wife whenever she returns to Thailand if immigration is handed a court order or arrest warrant.In the meantime God helps you to be strong and trust that someday in the future your daughter will be with you,sooner or later.All the best!

[cardinalblue]

What keeps her from presenting some form with a fake signature and immigration just accepting it?

Their defensive response would be that the mother presented the right form with a signature. Why should we question It?

You need to alert authorities ASAP that you have not given permission for your daughter to depart the country and up to police to communicate this to officers at all airports/borders....like an Amber alert (in America)

CB

Edited September 3, 2014 by cardinalblue

[Thomas Hannah]

By thai immergration law,,The mother would have been asked ,at immergration for a paper signed by you,allowing your child to leave the country,,But she had a british passport,,There for immergration,would have thought,she was a british national..Allowing her to leave,,If your child is a british national,,TOUGH,,If your child is thai,,then the mother has broken thai law,,Having a british birth certificate,Issued in bangkok,Does not make your child british,,She has to have lived in britain,and be registerd,as british citizen,,You need to see a trusty british lawyer in soi diana pattaya thailand,The thai lawyer,,will only tell you what you want to hear,,and take your money.,Un till all your full possition is known,,BEST OF LUCK,,Its thailand,,and sometimes,it does not matter,if the law ,is on your side,,Hopefully,,she will return soon with child..Then you can stop your child leaving again,,That is if she is a registerd thai national.

[ALFREDO]

Its not unusual that a Thai woman can bring her child out of Thailand,without her husbands or divorced husband knowledge,if she has all the Documents needed.

I can also bring my son out of the Country and have done this before.

I was more than once with my sons 5 - 10, who have a Thai Passport but with my family name in it, out of Thailand to neighboring countries without extra approval papers from their mother.

Never had been any Immigration officer asked a question.

BUT, it could be a problem if you have to apply for a VISA to any country first, the Consular section of the respective country Embassy, could make a problem.

The Thai border Immigration does not make one, as far as I saw.

[Aussieroaming]

Can you talk to your ex wife and explain how this has affected you? Maybe you can get some resolution without involving lawyers and courts? Good luck with the whole thing.

[farangman]

By thai immergration law,,The mother would have been asked ,at immergration for a paper signed by you,allowing your child to leave the country,,But she had a british passport,,There for immergration,would have thought,she was a british national..Allowing her to leave,,If your child is a british national,,TOUGH,,If your child is thai,,then the mother has broken the law

Sorry, I have been away from the board since I posted my question.

Just to clarify, my daughter has 2 passports... a British and a Thai.

She travelled on her Thai passport as I have her British one in my possession.

[farangman]

Thank you to everyone with your responses. It is greatly appreciated.

As an update, I have visited a lawyer, and yes I am entitled to file charges.

However, my lawyer has advised initially to appeal to the new boyfriend who I have tracked down on Facebook, as she believes my ex has not been honest with him, as he would not jeopardize his visa and legal status in china if he had known the full facts.

I messaged him the full situation from my point of view two days ago, and as of yet received no response.

My lawyer advises that if we receive no response by next Monday, then we will commence legal proceedings. She advised we also lodge the case with the British Embassy.

[farangman]

Whatever the outcome, I am mostly concerned about my daughter's welfare and any potential mental damage all of this will do.

[Lukecan]

As the other posters have mentioned, Get in contact with a good lawyer ASAP!

Edited September 17, 2014 by Lukecan