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Posted

thesyndicate, on 07 Nov 2014 - 10:04, said:

Wrong, she took the Child away from the home while I was sleeping, left it with relatives i assume and then left for abroad. So we have both custody and parental right the questions is can she use them for friends? Yes I would have known if the child has an guardian the court need to tell the father.

Left it with relatives I assume.

@AOA. The OP doesn't even know where the child is, it could still be with the mother.

That's why I asked the OP for more facts.

How does the OP know she went abroad? Somebody told him?

The OP isn't giving a full account of the situation here and your advocating 'snatch and grab'................from who?

From ...not the mother.

  • Like 1
Posted

I think we all can agree that the law SHOULD be like this and I am not talking about a farang perspective I am talking about Thai Vs Thai as well. Even if you go to court it can take many years before the court is finished and in the meantime the mother is not there and the father can not see the child. I gave the court example like if I see the child on walking street pattaya with people in the middle of the night and I can take it? They said yes but no if there is a fight i can be charged but i have the right to take my child. But in the same time if the mother is ok with the child is on walking street at 03.00 in the morning I can not take it. The law need to be changed in Thailand leaving the father or mother to absolute power over their children if they are married. Relatives or proxy should not be allowed to have more power than the parents, unless they are legal guardians appointed by the courts but that is already covered in the Thai law.

As far as I know when you go the family court, things can move very quickly. FIrst of all your wife might have commit adultery and the court might give you full custody. You should file for divorce due to adultery and for 100% custody. You will also have a good chance to get 50% back from the date you married her.

If you really want to have your child back with the help of the police then pay them a high amount (20-30,000 Baht) and deal with the high ranking officers and not a small cop from the streets. I would start with the blue book address where your wife was registered before you married her.

  • 1 month later...
Posted

Hello, where is the law clear on this ? I check the penal code there is no punishiment for familly or friend taken the baby so as long as they keep the baby inside the house I can not take it. What part of the code provide me with the support of this? At the moment I found the child but the man in the house do not even let me see the child. It is a very strange problem I have hard to understand myself.

There has been no divorce, so no court order, therefore no grey area, and no permission needed.

Mom can't appoint any legal guardians, that isn't the way Thai law works.

He can collect the kid at any time, from any person, except mom.

She can collect the kid at any time from any person, except dad.

Thai law is completely and utterly clear on this matter.

Custody issues only arise after divorce, and court orders, there are none prior to that time.

At the moment, snatch, run and hide is the name of the game.

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