how to get a custody court order? any help please

[aroberts]

Hi,

My partner and I have an application for her 14 yo son to come and live with us in Australia. This is the story, the son is on the family book as her son and birth certificate, also we had a DNA check done which naturally the result was as expected, mother of the child. Now the father listed has been nothing more than helpful, he has written a letter stating the facts that he has never had anything to do with the child, never supported the child and insists the child goes to Australia and be with his mother, he has signed it we had it certified and also presented his ID card with it.

Along with all the other proof one has to submit with the application we presented photos of mother and child throughout different moments of their lives. My partner has been in Oz now for nearly 2 years and of course misses her son dearly but we had to wait until she got her PR visa before we could apply for this child visa.

So the problem we are facing is The Oz embassy wants us to get a Custody court order in Thailand that my partner has custody of the child, I find it crazy! I looked up Thai law and it simple states that the bio mother of any child born out of marriage which is the case has the control and custody of the child. So the hoop jumping exercise the embassy are making us perform seems all for what?

How do I get this said court order in Thailand and any ideas how long it takes to get.

Any advice help, would be much appreciated

thanks

Allan

[7by7]

If both parents agree, a custody order can be obtained by them visiting the ampur together and signing a couple of pieces of paper; done in one visit.

This is acceptable for UK visas, I don't know if it is the same for Australia.

For the UK, custody alone is not enough, there is also the issue of sole responsibility; i.e. has the sponsoring parent been solely responsible for the child's upbringing, making all the important decisions about the child's life, even if currently separated from the child.

Again, I don't know how important this would be for Australia; but from what you have said the child could fail this test if applying to the UK..

Edited September 28, 2014 by 7by7