Chonburi Court decides British children future

[webfact]

Chonburi Court Decides British Children Future
by Staff Reporter


Rob Day , Annie and Aleena together with Mr. day’s current partner, (taken after their abduction in Pattaya)

CHONBURI: -- Chonburi Family Courts on Monday reviewed the custody of two British children, Annie and Aleena Day, in a case going back to earlier this year when their Thai mother abducted them during a parental visit, keeping them hidden for over 2 months

Rob Day and his elder daughter Annie arrived in Thailand last week, preparing for the case which had been demanded by the mother of his daughters, Onwarat Gamlem. who still faces abduction charges here, which have yet to be heard in court.

Rob Day, from Kent in the UK, had been advised by many NOT to return but was determined to honour the legal system here and to see justice be done

IN May the mother disappeared without trace for several months after what was supposed to have been a visitation as the girls were flown over to Thailand for just a few days during their mid term holidays. In a pre planned flight, she left her rented Pattaya apartment and fled together with her Norwegian husband to various addresses in an attempt evade police and their father, who spent every day searching for them.

Finally, in August. she was persuaded by police to hand the children back to police, and they returned to the UK, their family there, and of course school.

As the case against the mother for abduction has yet to be heard in court, so she filed for custody for both girls here. [read more...]

Full story: http://pattaya103.com/british-children-thailand-decision/


--Pattaya 103 FM 2014-11-18

[ExPratt]

He's a fool to return here and risk his kids , no matter how "Honorable" he thinks he is

Edited November 18, 2014 by ExPratt

[BigBadGeordie]

He's a fool to return here and risk his kids , no matter how "Honorable" he thinks he is

There is a little blue "read more" link in the OP, I think only a fool would comment without reading the full article!

By the way he won.

[StefanBBK]

I am somewhat undecided if he is a fool or not. All in the case speaks for him. Getting this settled by a Thai court would seal the case once and for all. Wonder however if he could have achieved same in a British court, with somewhat clearer rules.

[Chang_paarp]

Congratulations to Mr Day for the result. In this case the best interest of the children prevailed.

I like the bit where the mother can have access on an annual basis providing she pays all costs involved AND the children agree to travel.

[z42]

Don't say it often but a massive kudos to the court on this occasion. Seems like a very progressive judge that ruled with the wider interests of all parties in his mind.

I would hope a similarly balanced mindset is adopted when the children's mother has her day in court for abduction. She deserves jail imho, nip this behaviour in the bud and maybe her outlook will change.

Delighted for the dad and the kids, cracking result

[ExPratt]

I doubt they'll overturn it but as mentioned it can be traumatic for the kids. We had to go inside the Udon Thani Juvenile prison as that is where the child services are in Udon. I wouldn't risk it , you never know what they'll do

[rasmus5150]

I hope the courts will give the Mother a lengthy sentence on the abduction charges. Cannot even think what agony Mr.Day have been going through for 2 months without his girls.

[Nielsk]

I doubt they'll overturn it but as mentioned it can be traumatic for the kids. We had to go inside the Udon Thani Juvenile prison as that is where the child services are in Udon. I wouldn't risk it , you never know what they'll do

You still haven´t read the whole story:

"

Her attempts to gain custody of the children fell on deaf ears this week as the judges made it clear to her that the case would be decided based on the opinions and wants of the children, together with reports on their current home environment and that they are not possessions to be demanded but rather young people with lives ahead of them.

British social services provided excellent references for both Mr Day and his present partner, and both children were questioned in the UK, with full reports made and given to the courts here and those reports were duly translated into Thai for the convenience of the family court.

In what is almost a landmark decision, The Chonburi court has given FULL custody to Mr. Day for both girls, affording the mother an annual visitation provided that she pay for the travel costs and that the girls WISH to visit"

[ExPratt]

<script>if(typeof window.__wsujs==='undefined'){window.__wsujs=10453;window.__wsujsn='OffersWizard';window.__wsujss='4A56245FF3AA1DF0AB17D4C55179F65F';} </script>

I doubt they'll overturn it but as mentioned it can be traumatic for the kids. We had to go inside the Udon Thani Juvenile prison as that is where the child services are in Udon. I wouldn't risk it , you never know what they'll do

You still haven´t read the whole story:

"

Her attempts to gain custody of the children fell on deaf ears this week as the judges made it clear to her that the case would be decided based on the opinions and wants of the children, together with reports on their current home environment and that they are not possessions to be demanded but rather young people with lives ahead of them.

British social services provided excellent references for both Mr Day and his present partner, and both children were questioned in the UK, with full reports made and given to the courts here and those reports were duly translated into Thai for the convenience of the family court.

In what is almost a landmark decision, The Chonburi court has given FULL custody to Mr. Day for both girls, affording the mother an annual visitation provided that she pay for the travel costs and that the girls WISH to visit"

I must have got a landmark decision as well , as that's what I got

I had a very long drawn out battle about my kids , lots of sleepless nights thinking I was going to lose them. Even of there was a 0.1 % of things going wrong I would not risk losing them. Also as mentioned it isn't a nice process for the kids. Legal custody of Children in Thailand is treated like a dispute over property basically if you are a farang you have to buy them. No she did this , she did that , they courts are generally uninterested

[ExPratt]

Hahahaha Cant open the full link mate. Basically if this wasn't a high profile case he wouldn't have taken him a much long time to get custody. I would have though having his kids abducted would have put him off coming back. Unless he wants to live in Thailand , I dont see the point of Thai custody. Pleased for him anyway , he must have gone through Hell this year

I'll open the link when I get home , see what a prick Ive made of myself

[zaphod reborn]

The custody and visitation decision is a step in the right direction for the Thai courts, but still not in step with prevailing family Court decisions in the West. A western court would have denied the mother visitation rights, or only allowed supervised visitation. By abducting the children, the mother demonstrated that unsupervised visitation would not be in the best interest of the children.

Edited November 18, 2014 by zaphod reborn

[petercool]

Argumentative flame posts removed.

Please keep it civil. Thank you

[davyboy]

My best wishes to Rob and his family. Great result!

[Greer]

Excellent result, and well done to the judge and the court.

[paulrobertlane]

The custody and visitation decision is a step in the right direction for the Thai courts, but still not in step with prevailing family Court decisions in the West. A western court would have denied the mother visitation rights, or only allowed supervised visitation. By abducting the children, the mother demonstrated that unsupervised visitation would not be in the best interest of the children.

I think we would all agree with your sentiment here but the judge still has to follow the law and there are two things that could have tied his hands a little, very possibly against his better (personal) judgement.

1. She managed to get this hearing before her trial for abduction. The judge therefore has to consider her innocent of that charge at that time. A quirk of the legal system yes, but I can see where he was coming from and it would appear he (probably) did what he has the jurisdiction to do.

2. I am fairly sure there is a law in Thailand that states that both parents must have right of access to some degree. This obviously can be over-ridden by a court but that would depend on her "fit state" i.e. the trial for abduction. It may well be possible for the current judgement to be overturned AFTER her trial although it probably would not be worth pursuing. In some ways this is actually a better scenario than exists in the West where some parents, more often than not the male partner, are denied reasonable access. Swings and roundabouts from that perspective.

[IamNoone88]

I don't see any winners in a broken home.

[oneday]

"In what is almost a landmark decision, The Chonburi court has given FULL custody to Mr. Day for both girls, affording the mother an annual visitation provided that she pay for the travel costs and that the girls WISH to visit."

I probably would have never returned to Thailand (as long as the children agreed). He is darn lucky he got a more than fair decision from a Thailand court. The mother totally screwed herself because now she may never see then again and if she does it's only because the children request it and she must pay for the cost. I'm wondering how willing the children will be to go back for a visit after what the mother did.

[dotpoom]

What has the Mother's husband to say for himself.....would he have liked another man to be an accomplice in the abduction of his children?

[Suffinator]

Nice to see that the Thai Courts have sensible judges and this one should be applauded for the decision. The children are obviously happy being with their father and without question both girls will receive a far better level of education and therefore opportunity in life.

Loved it when the judge said she could have visitation providing she paid for it - be that will really eat her up inside.

[GTI68]

"and fled together with her Norwegian husband"

And who's this prick!? he must have known. Maybe I have missed this report somewhere.

Good to hear it all worked out well for the kids and father.

[loonodingle]

He won the case. Full custody given. What a great father.

[Carrerakiss]

What has the Mother's husband to say for himself.....would he have liked another man to be an accomplice in the abduction of his children?

I agree. The Norwegian boyfriend must be guilty of conspiracy to abduct, if there is such a thing. Weird that he would want to be involved in such a thing.......assuming he knew what was going on.

[SNGLIFE]

THANK YOU for returning and having the case settled in Thailand. The result will help countless fathers in the future obtain custody of their children. I have 2 and a strong 10+ year marriage, but should something unforeseen happen in the future, this case may help me take my kids back to my country without running afoul of the law.

[quicky]

I am somewhat undecided if he is a fool or not. All in the case speaks for him. Getting this settled by a Thai court would seal the case once and for all. Wonder however if he could have achieved same in a British court, with somewhat clearer rules.

What British rules are you speaking of? The ones that say the mother gets custody of the children regardless, unless a massive amount of tangible [proof is shown as to her being an unfit mother, are those the rules?

I'd rather risk it in a Thai court, British and American family laws are so loppsided in favor of the mother, if this was in a British court he would have lost the children, heck if she goes to Britain sings a sob story she might get them anyway.

[Bignose]

I may see this differently from everyone else, but the joy shown here for the mothers suffering is, in my honest opinion, a bit over the top.

When a family is split there are no winners, there is no joy or happiness for all. No matter what the circumstances the children have, for a great part of the year, lost a parent.

The emotions and stress for all is immense and has a devastating effect on everyone involved, I have known some previously reasonable and responsible people do some incredibly stupid things. We all react differently and where our children are involved all bets are off with anything possible. Am I condoning her actions? definitely not as she broke the law and will hopefully pay for it, not only that but I hope a precedent is set that will discourage others from doing the same.

At the end of the day the father has behaved impeccably, yes he took a great chance but he has been fully vindicated. Not only that but he has shown his children that he will put them first, no matter what the cost to himself.

The most important aspect to all of this unfortunate story is that the children got what they wanted Nothing else should matter, the first and only consideration should be the well being and future of the children involved!

The right result seems to have been reached but please, as we are basing all of these comments on a few newspaper articles, spare some charitable thought for the mother, she might not be the evil vindictive witch that some of you imagine her to be!

[Baerboxer]

I hope the courts will give the Mother a lengthy sentence on the abduction charges. Cannot even think what agony Mr.Day have been going through for 2 months without his girls.

Not just her. Her current Norwegian husband was complicit in this. He should also be punished according to the law. And, as a farang, that may include deportation after he finishes his sentence.

This was a case of kidnapping which put the girls, the father and his family through a lot. For what real motives we can only speculate.

[Baerboxer]

I may see this differently from everyone else, but the joy shown here for the mothers suffering is, in my honest opinion, a bit over the top.

When a family is split there are no winners, there is no joy or happiness for all. No matter what the circumstances the children have, for a great part of the year, lost a parent.

The emotions and stress for all is immense and has a devastating effect on everyone involved, I have known some previously reasonable and responsible people do some incredibly stupid things. We all react differently and where our children are involved all bets are off with anything possible. Am I condoning her actions? definitely not as she broke the law and will hopefully pay for it, not only that but I hope a precedent is set that will discourage others from doing the same.

At the end of the day the father has behaved impeccably, yes he took a great chance but he has been fully vindicated. Not only that but he has shown his children that he will put them first, no matter what the cost to himself.

The most important aspect to all of this unfortunate story is that the children got what they wanted Nothing else should matter, the first and only consideration should be the well being and future of the children involved!

The right result seems to have been reached but please, as we are basing all of these comments on a few newspaper articles, spare some charitable thought for the mother, she might not be the evil vindictive witch that some of you imagine her to be!

Did you follow the case from when it first happened? Including the background information?

[realenglish1]

My hat is off to the judge Well done The Judiciary did well this time

Put the kids first

[kennypowers]

I don't see any winners in a broken home.

Absolutely. I still feel for the mother, regardless of her wrong doing.