Child custody situation

[20202020]

Reading your posts again you guys think I'm being weak. I think it is important to be right because any wrong move will be used against me. My ex has a close friend who is her lawyer. I am aware that they are looking for any way to go after me.

An example of this is when we were in divorce court and they said I was an unsuitable parent because I allowed my son to live in a cave. When we lived in the states we stayed in my parents basement which was a perfectly fine living arrangement. I grew up in the basement and it had two rooms a kitchen and a bathroom. My lawyer and I argued that it was normal living conditions but since Thailand doesn't have basements they couldn't comprehend the idea and I believe my case was weakened.

I am fighting for the next 20 years and not the next 20 minutes.

[MaeJoMTB]

Reading your posts again you guys think I'm being weak. I think it is important to be right because any wrong move will be used against me. My ex has a close friend who is her lawyer. I am aware that they are looking for any way to go after me.

An example of this is when we were in divorce court and they said I was an unsuitable parent because I allowed my son to live in a cave. When we lived in the states we stayed in my parents basement which was a perfectly fine living arrangement. I grew up in the basement and it had two rooms a kitchen and a bathroom. My lawyer and I argued that it was normal living conditions but since Thailand doesn't have basements they couldn't comprehend the idea and I believe my case was weakened.

I am fighting for the next 20 years and not the next 20 minutes.

Why we I think you're weak,

1. You rolled over for a divorce agreement higher then any previous award in the history of Thai courts.

2. You're allowing a Thai hooker to dictate how you live your life, and you don't even get to live with her, nor do the children.

3. You're still paying money (to someone) from a court order when the mother has cleared off and abandoned her children.

If it were me, I would have said, keep the kids, you pay for them, moved to another country and created more children with a more decent woman. Never to have contact with ex-wife, ex-children or ex-country again (which I already did with 4 children when I had problems with an overly acquisitive and controlling ex-wife).

PS

Living in a cave ....... you didn't think to tell the court mum was working as a prostitute?

Pay a detective to use her services in Japan, and record it for the court.

Edited June 17, 2015 by MaeJoMTB

[20202020]

1. I never rolled over in the divorce agreement. The original agreement was for 25,000. I had to go to the appeals court and they upheld the lower courts ruling. The supreme court knocked the figure down to 15,000. I couldn't fight the supreme court ruling or I would have.

2. She is not a hooker and I never said she was. She is on an education visa in Japan.

3. This is an area I want to contest in court. I have not paid money to her or her family in two months.

I cannot say keep the kids as I couldn't imagine my life without them.

[MaeJoMTB]

^^

@ Number 1, very strange, I would have just moved to a different country, no enforcement overseas.

@ Number 2, You said she worked massage in Japan? Which is a euphemism for prostitution (looks back at OP, yep you did).

@ Number 3, good on yer!

Edited June 17, 2015 by MaeJoMTB

[20202020]

I see your point on number 2 that I imply the mother is of lower quality. For the record she is working massage and not prostitution as far as I know.

[FritsSikkink]

I have emailed lawyers about this situation. The majority opinion is that parental powers can be transferred. My ex had parental powers and she transferred them to her mother. In the west we would contest this but this is common in Thailand and I think attacking it in the courts won't help. I believe my best chance is to change the 4 year old divorce agreement due to all the changes that have been made in the case. What I need to know is what are my chances that the court will hear the case and what are the chances that they would make a change?

Here are some replies I've gotten from lawyers on the transfer of parental powers:

No. You share "parental powers" with your ex.

Example: Me and my wife have a child. We agree that the child with live in American with my brother. So my brother has "physical custody". But we both know that he has no rights on the child. My wife and I have the rights. We agree that my brother can have the child.

Right now, it is the same. You and your wife have the same rights. She can if she wants to let her mother have the children. Same as you, if you want, when you have the children, let them to your brother, or a third party. But if you disagree with her, then the Court must decide. Example: You want the child to go to school A and she wants school B. The Court will decide. Courts do not like to make decisions for parents but sometimes, they do not have the choice.

Another response: In practice neither your rights nor your ex-wife’s rights in this joint custody over the children has been violated. The rights is still maintain, it is the matter of allowing an individual to look after her child.

The response says if you disagree with the transferal it is void, so go to court and get 100% custody because mom left the country.

[Puyai]

Any update? Would love to know What's happening?

[MusV]

Question ... I'm in a relationship, not married, have 50 parental right from the court. No we wanne go separate ways, the mother agree to give me 100% parental right. The family court sais ... not possible, have yo marry first, than divorce and asking for full parental right.

I do not understand ... we agreed, the daughter 3.7 year stay with me, the father. What we have to do ... cause I will posible leave Thailand and the mother dont want be responsible.

How can I got 100% parental power ... who can help us with? Thank you

[offset]

Question ... I'm in a relationship, not married, have 50 parental right from the court. No we wanne go separate ways, the mother agree to give me 100% parental right. The family court sais ... not possible, have yo marry first, than divorce and asking for full parental right.

I do not understand ... we agreed, the daughter 3.7 year stay with me, the father. What we have to do ... cause I will posible leave Thailand and the mother dont want be responsible.

How can I got 100% parental power ... who can help us with? Thank you

Did you just ask the Family Court about this or the you file a case using a lawyer and go through a court proceedings and a judge told you that you could not have 100 parental right

[Mario2008]

Seek advise from a lawyer. You probably have to go to court to seek a change of the parental rights from shared to single, based on changed circumstances.

[20202020]

MusV

Talk to Isaanlawyers. They are experienced and can answer your questions.

My update is that I have talked with Isaanlawyers and they believe I have a

strong case and we will soon submit a petition for a change in child custody

to court.

[MusV]

Thank you for ... repeat.

Offset .. I went to family vourt. They hive me the advice to ... marry and diforce. In our status ... not married, they said. Not possible got 100% parental right to one parent only. The lawyer we asked, said can ... another say no ... Whats the truth behind? We not trust the recommended procedure ... marry and divorce.

Mario2008 .. we went to thd court, see answer to offset.

20202020 ... I will search for their email and write ... experienced lawyer allways good. Its in every province a bit diferent. We are in Samut Prakan and even here, from amphoe to Amphoe are big differences ... most in lack of knowledge or lazzy to do or help.

[MusV]

What I really not do understand is ... The Mother and The Father agreed, that the Parental Right goes 100% to the Father. Why do the instances not accept these circumstance of decision from the mother at all (ignore)?

[20202020]

Isaan lawyers will come to Bangkok and they do cases all over Thailand.

In fact, I am meeting them in Bangkok tonight.

[offset]

Thank you for ... repeat.

Offset .. I went to family vourt. They hive me the advice to ... marry and diforce. In our status ... not married, they said. Not possible got 100% parental right to one parent only. The lawyer we asked, said can ... another say no ... Whats the truth behind? We not trust the recommended procedure ... marry and divorce.

Mario2008 .. we went to thd court, see answer to offset.

20202020 ... I will search for their email and write ... experienced lawyer allways good. Its in every province a bit diferent. We are in Samut Prakan and even here, from amphoe to Amphoe are big differences ... most in lack of knowledge or lazzy to do or help.

I am in the same position as you and have put papers in the Family Court via a lawyer and I have got a date for the hearing but I have to have an interview with the Children's Welfare to make sure that I am ok to look after my Son I have seen 2 lawyers and they both said that i can get 100% parental rights so now i am just waiting to find out if true

The court may have been trying to be helpful and telling you the easiest way of sorting out your problem (which in your case it maybe the easiest way)

I will be very interested to hear what the lawyers say to you

[MusV]

Dear sinhle 100% parental right candidates

Thank you very much for all information and sorry, my english not as a native. S, ile ... The situation for all languages the same.

20202020 ... So I looking forward to read from you soon and hope that I got the information needed. Oh, I would have the choice to join the meeting with you, but I cant. The time's to short.

Offset ... I'll keep in touch and inform in here as well.

[MusV]

It seams that married and divorce are the most common, easiest, fastest and cheapest procedure to got the 100% parental right for one of the parents. The way throug the judge eould take at least 6 month and costs a lot, lot more.

Amaxing Thaoland ... Still. I believe and wish to know. Does someone know how to do it easy, cheap and fast ... when the unmarried couple agreed, that the father will got the 100% parental right. If not in Thailand ... possible in Switzerland, if the child has Thai and Swiss passports?

[MusV]

It seams that married and divorce are the most common, easiest, fastest and cheapest procedure to got the 100% parental right for one of the parents. The way throug the judge eould take at least 6 month and costs a lot, lot more.

Amaxing Thaoland ... Still. I believe and wish to know. Does someone know how to do it easy, cheap and fast ... when the unmarried couple agreed, that the father will got the 100% parental right. If not in Thailand ... possible in Switzerland, if the child has Thai and Swiss passports?

[nontabury]

It seams that married and divorce are the most common, easiest, fastest and cheapest procedure to got the 100% parental right for one of the parents. The way throug the judge eould take at least 6 month and costs a lot, lot more.

Amaxing Thaoland ... Still. I believe and wish to know. Does someone know how to do it easy, cheap and fast ... when the unmarried couple agreed, that the father will got the 100% parental right. If not in Thailand ... possible in Switzerland, if the child has Thai and Swiss passports?

Like others have already said, contact Issarn lawyers. Another suggestion would be to simple get your ex G/F to sign a letter giving her consent for you to take the child out of Thailand, and then simple move to your own country, job done.

[nabbie]

I am fighting for the next 20 years and not the next 20 minutes.

Be in realistic, is that really what you want? If my memory serves me right, I couldn't remember one UK expat's name who has been on the very long TV thread. He has already won the court's order after a long, long battle - yet he does still not know where his daughter (or son?) is? It must be a terrible pain for him - I am not sure what happening now. So maybe 20 minutes does have the better advantage. It will be entirely up to you how to control your parental power. I just want to empower you to pick the right choice either to trust your instinct or the lawyer. (or combined?).

[offset]

I am fighting for the next 20 years and not the next 20 minutes.

Be in realistic, is that really what you want? If my memory serves me right, I couldn't remember one UK expat's name who has been on the very long TV thread. He has already won the court's order after a long, long battle - yet he does still not know where his daughter (or son?) is? It must be a terrible pain for him - I am not sure what happening now. So maybe 20 minutes does have the better advantage. It will be entirely up to you how to control your parental power. I just want to empower you to pick the right choice either to trust your instinct or the lawyer. (or combined?).

If i remember correct that was a totally different problem because the mother did not agree

[nabbie]

I am fighting for the next 20 years and not the next 20 minutes.

Be in realistic, is that really what you want? If my memory serves me right, I couldn't remember one UK expat's name who has been on the very long TV thread. He has already won the court's order after a long, long battle - yet he does still not know where his daughter (or son?) is? It must be a terrible pain for him - I am not sure what happening now. So maybe 20 minutes does have the better advantage. It will be entirely up to you how to control your parental power. I just want to empower you to pick the right choice either to trust your instinct or the lawyer. (or combined?).

If i remember correct that was a totally different problem because the mother did not agree

All I want to say is your child should be brought up fairly and be happy in near future. I know this simplicity can be very difficult in your circumstance. This child will rely on you more since mother is not around. So good luck with your actions.

[20202020]

Quick update: The petition was accepted by the court today and the first court date will be in two to three months.

[Jessi]

Quick update: The petition was accepted by the court today and the first court date will be in two to three months.

My wife was also advised to contact Isaan Lawyers, she has a custody problem with her two daughters.

Are these lawyers expensive, how much money to see these lawyers and get advice. I understand how long is a piece of string but a ball park figure would be helpful.

Many thanks and I hope your court case goes in your favor.

[20202020]

Jessi

Here is the price quote they have given me. I
think it is quite fair.


70,000 baht, unless it is in a remote area far away, like Chiangmai, Chiangrai, Phuket, Mukdahan but i doubt it.

Our price includes all fees for a case like that:

- government fees

- our transport

- lawyers

- translation and interpreter

But it doesn't include:

- appeals if any (that is rare)

- execution of a decision (example, we make an agreement in court, finish this case, but the mother does not respect it - that is also rare)

- legalization of documents if necessary

[Jessi]

Jessi

Here is the price quote they have given me. I

think it is quite fair.

70,000 baht, unless it is in a remote area far away, like Chiangmai, Chiangrai, Phuket, Mukdahan but i doubt it.

Our price includes all fees for a case like that:

- government fees

- our transport

- lawyers

- translation and interpreter

But it doesn't include:

- appeals if any (that is rare)

- execution of a decision (example, we make an agreement in court, finish this case, but the mother does not respect it - that is also rare)

- legalization of documents if necessary

Thank you very much for taking the time to reply.

I will get her to go see them.

[MusV]

Update ... we got also the offer from Isaan Lawyer 6mt on court 70 000 or Marry / Divorce 15 000

We're not able to do the 70 000 solution.

At the first moment the mother not accepted the marry / divorce solution because of her REPUTATION.

Anyhow she agreed now and so we will do it that way ... with a possible contract which may proof that she not change her mind between married and divorce.

Good luck to all person in the same or similar situations ...stay calm, solution always possible.

[20202020]

I'm glad that it is working out for you MusV

[MusV]

Hallo and Sorry for my late answer.

After all discussion and research ... I am totally agree with you ... Will not marry at all.

I'll follow your advice ...

... get your ex G/F to sign a letter giving her consent for you to take the child out of Thailand, and then simple move to your own country, job done.

Could you please tell me its exactly name, so I can search and download a sample?

Do you know it has do be signed by witness too?

There is no time limit on that paper so I hope, because my situation changed now a bit. I work and stay in thailand, the mother itself stay with us ... but she is always changing her mind and I really do not like to have these coming over and over again discussion for changes (it seams that the woman here after a few minutes already forgotten what discussed and agreed just a few minutes before).

My doctors said I never will be able to have a child and you possible can imagine how much I love my daughter ... she really is in the same Bloodline.

Thank you so much.