Lidra Posted July 7, 2016 Share Posted July 7, 2016 Hello all... My question is : can she use thai law to reclaim my son from Thailand ? - My wife suddenly want to divorce of me, and she keep asking me to go back Thailand with my son. - The issue is that we have a child of 2 years old, that is with, in my country Spain.- I have the both passport of my son (spanish and thai), and all documents to prove I´m the father, and documents from mother that allow him to stay with me in Spain, and have start all process to make give him oficially the spanish nationality. Thank in advice for any kind of info. Link to comment Share on other sites More sharing options...
PoorSucker Posted July 7, 2016 Share Posted July 7, 2016 Do not let her go with your son, he will stay somewhere you don't know, with some cousin, uncle etc... You will never see him again. You/She will have to go court where the child is living. In Europe they will give custody to the mother in 95% cases. In Thailand they do give opposite if father is western, but the mother can draw the process up to ten years. Link to comment Share on other sites More sharing options...
KMartinHandyman Posted July 7, 2016 Share Posted July 7, 2016 Keep his passport in a bank safe deposit. Link to comment Share on other sites More sharing options...
Borzandy Posted July 8, 2016 Share Posted July 8, 2016 If you want to be with him, don't let him come back to Thailand. Link to comment Share on other sites More sharing options...
thailand49 Posted July 8, 2016 Share Posted July 8, 2016 Not going to ask your full personal business as to why you and son are in Spain and she in Thailand. Does she have funds to hired and lawyer and fight for custody? If not, just tell her if you want to see you son feel free to come to Spain to do it. Meantime consult with a International Divorce for advice as to what she can actually do. Link to comment Share on other sites More sharing options...
AlQaholic Posted July 8, 2016 Share Posted July 8, 2016 Do not go to Thailand with your son, stay away from there. Do all you need to do in Spanish legal system to keep your child in Spain. If you go to Thailand there is a very real risk you will never see your son again. Link to comment Share on other sites More sharing options...
Inyourendo Posted July 8, 2016 Share Posted July 8, 2016 And cancel thai nationality ... Link to comment Share on other sites More sharing options...
Konaboy1 Posted July 8, 2016 Share Posted July 8, 2016 my situation exactly. Son (7) here in USA with me. Thai wife wants to come here with a green card for her and step-son. $10,000 quoted by visa company. "Guaranteed" green card! Only have to pay Thai lawyer $6000.00 555 She has a 10 year visa. Told her to come visit. Skype video reverberates with her face and how much she misses our son and how much she loves him. I offer to pay for a ticket to come here and her beloved response is always the same. "cannot come without stepson" So much for love. My son is staying right here in USA.Going to school.Always asks Mom why she will not get on an airplane and come to see him! same -o same-o Link to comment Share on other sites More sharing options...
kovaltech Posted July 8, 2016 Share Posted July 8, 2016 " I have the both passport of my son (spanish and thai), and all documents to prove I´m the father, and documents from mother that allow him to stay with me in Spain, and have start all process to make give him officially the spanish nationality." err... OP, if he has a Spanish passport, then he has the Spanish nationality anyway already... 2: in case of a divorce, its always a judge decision who gets the custody, nothing to do with the nationality... Link to comment Share on other sites More sharing options...
shirtless Posted July 8, 2016 Share Posted July 8, 2016 If she has very little money she wont challenge you , just stay out of Thailand., Link to comment Share on other sites More sharing options...
Dellie Posted July 8, 2016 Share Posted July 8, 2016 Do not let her go with your son, he will stay somewhere you don't know, with some cousin, uncle etc... You will never see him again. You/She will have to go court where the child is living. In Europe they will give custody to the mother in 95% cases. In Thailand they do give opposite if father is western, but the mother can draw the process up to ten years. What a stupid generalization. Europe consist of many different countries with different legal systems. To say the mother gets custody in 95% of the cases is simply incorrect. Where Im from shared custody is always prefferred by authorities if it is possible. Link to comment Share on other sites More sharing options...
dotpoom Posted July 8, 2016 Share Posted July 8, 2016 (edited) I's not complicated. The OP is from Spain and lives there with his son. His wife lives in Thailand and has signed papers granting him permission to have custody of the son. Now, she wants a divorse and asked her husband to return to Thailand with their son to do that process. (agree, she probably has plans for the son). The simple question the OP is asking.....can she file for custody of the son if he obliges her? I am not qualified to answer but common sense would say that she could, especially because the situation would have changed after a divorce. Edited July 8, 2016 by dotpoom Link to comment Share on other sites More sharing options...
kovaltech Posted July 8, 2016 Share Posted July 8, 2016 I's not complicated. The OP is from Spain and lives there with his son. His wife lives in Thailand and has signed papers granting him permission to have custody of the son. Now, she wants a divorse and asked her husband to return to Thailand with their son to do that process. (agree, she probably has plans for the son). The simple question the OP is asking.....can she file for custody of the son if he obliges her? I am not qualified to answer but common sense would say that she could, especially because the situation would have changed after a divorce. Nope, she's with him in Spain , asking to return to Thailand and divorce in Thailand... Just stay in Spain and deal with the divorce case in Spain will do just fine, even the Thai justice system does validate a Spanish verdict. BTW. you can only apply for a divorce in the country where you actually live... ( adres registration) Link to comment Share on other sites More sharing options...
Toscano Posted July 8, 2016 Share Posted July 8, 2016 I presume from what you say , that your wife has returned to Thailand leaving the baby in Spain with you . If she abandons your son leaving him in your care , there can be few grounds for her to claim custody . As others have suggested put the passports in a safe place , bank or with a lawyer . Perhaps you should consult with a lawyer , rather than us amateurs . I had a similar situation in divorce with my former American wife . I discovered a plan to take the children to America and my lawyer stopped it at a sudden court hearing intended to catch us off guard . I had the childrens British and American passports and sent them to my lawyer . My guess is that in the circumstances , with you son abandoned with you and his having a Spanish passport , the law would find in your favour . If your wife came back to get your son and no passports are available , she would not be able to Exit the EU to return to Thailand . Thais are not as bonded to babies as Europeans , she might be happy to be free and leave your son with you to bring up and educate far better than anything Thailand has to offer . Link to comment Share on other sites More sharing options...
Familyaffairs Posted July 8, 2016 Share Posted July 8, 2016 Was the letter she gave you only to allow your son to travel, or did she cede him to you as guardian? You contradicted yourself by saying you have both your son's passport (Thai and Spanish) and then you said you are in the process of getting him Spanish nationality. ? In Thailand the mother is always given the child, so my advice is do not ever go back to Thailand with your son, let her fight through the courts which she will probably not do, and you can oppose her. Link to comment Share on other sites More sharing options...
GOLDBUGGY Posted July 8, 2016 Share Posted July 8, 2016 I's not complicated. The OP is from Spain and lives there with his son. His wife lives in Thailand and has signed papers granting him permission to have custody of the son. Now, she wants a divorse and asked her husband to return to Thailand with their son to do that process. (agree, she probably has plans for the son). The simple question the OP is asking.....can she file for custody of the son if he obliges her? I am not qualified to answer but common sense would say that she could, especially because the situation would have changed after a divorce. Nope, she's with him in Spain , asking to return to Thailand and divorce in Thailand... Just stay in Spain and deal with the divorce case in Spain will do just fine, even the Thai justice system does validate a Spanish verdict. BTW. you can only apply for a divorce in the country where you actually live... ( adres registration) I think like you do to, but to be honest it isn't clear from what the Op said if his Thai Wife is in Spain now, or Thailand. If she is i Spain now, I would hide my sons passports, and just buy her a one-way ticket to get to Thailand, and say good bye. If she wants a Divorce, then let her go after one. No need for him to do anything about that. If she is in Thailand I would just put her on Ignore. She was the one who left and the one who wants a Divorce and to take Custody of the child. I see no reason why he should give that up. So let her go to court for a Divorce. They say Possession is nine tenths of the law for a good reason. The son is in Spain with his father and arrived their legally. His son holds a Spanish Passport, although I don't understand how when the Op says he is proceeding with his Residency. Without court order, nobody s going to make hi leave. If his wife chooses to pursue this further than let her hire an expensive lawyer to go after this. She won't have much of a case even if she can afford it. If she does have a case it would take years to be settled. This case would last far longer than her money would. So the best course of action for him is to sit back and relax in Spain and do nothing.. Link to comment Share on other sites More sharing options...
Lowdown Posted July 8, 2016 Share Posted July 8, 2016 I agree with the posts that you should under no circumstances come back to Thailand. She definitely has plans for the son and maybe also plans for you. In case of a divorce and she is keeping the son, you would have to pay child support. That would be enough for her to live off, that is probably her final goal. You have the papers for the child, your situation is untouchable and the child is safe with you. Why do you even want to file for divorce? You can always hire an international attorney to represent you here. You do not have to be here in person. And do not hire a Thai attorney! Link to comment Share on other sites More sharing options...
mihalis Posted July 8, 2016 Share Posted July 8, 2016 Worse case scenario, your son will disappear... I wouldn't risk it, especially if she's a full o bitch.. Suddenly wanting divorce, hmm, or has she met someone else ~!~ Link to comment Share on other sites More sharing options...
sead Posted July 8, 2016 Share Posted July 8, 2016 Do not let her go with your son, he will stay somewhere you don't know, with some cousin, uncle etc... You will never see him again. You/She will have to go court where the child is living. In Europe they will give custody to the mother in 95% cases. In Thailand they do give opposite if father is western, but the mother can draw the process up to ten years. What a stupid generalization. Europe consist of many different countries with different legal systems. To say the mother gets custody in 95% of the cases is simply incorrect. Where Im from shared custody is always prefferred by authorities if it is possible. Well i agree with Dellie. In Sweden 95 % mother gets the kids. Link to comment Share on other sites More sharing options...
sead Posted July 8, 2016 Share Posted July 8, 2016 Don't go. And don't let him be with her in Thailand even under supervision. Never tell her when you go to Thailand or where you stay. Sorry it has to be like this Link to comment Share on other sites More sharing options...
ozyjon Posted July 8, 2016 Share Posted July 8, 2016 Love always starts so happy but when the honeymoon is over it's time for business, now you pay,no play. Link to comment Share on other sites More sharing options...
gemguy Posted July 8, 2016 Share Posted July 8, 2016 Just ignore her. Meantime arrange to have some of your family members or relatives in another part of Spain lined up to take care of the child so the mother can not get to the child....you know...the same way the Thais make it difficult for the Father to see the child let alone even know where the child is. In other words...just play her the same way she would play you...Thai style. Cheers Link to comment Share on other sites More sharing options...
Guy360 Posted July 8, 2016 Share Posted July 8, 2016 Everyone has ignored the most important question concerning custody of a child. What is in the best interest for the child. Every judge will make that determination. You received very good responses. First, NEVER let her take the child back to Thailand without a court order. Put his passports in a safe deposit box. Consult with an attorney specializing in Child Custody with International experience. Make a solid life for him by surrounding him with friends, family, a good stable home and perhaps a good pre-school. The more he is anchored to the community and his new life, the less the judge would want him removed. Lastly, the money issue cannot be stressed enough. Custody battles can get costly. Make certain you have enough should there be a long battle. Wishing the best for your child. Link to comment Share on other sites More sharing options...
donnybay Posted July 8, 2016 Share Posted July 8, 2016 get a Thai lawyer, not a Thaivisa amateur one Link to comment Share on other sites More sharing options...
Guy360 Posted July 8, 2016 Share Posted July 8, 2016 Don't even think of hiring any attorney, Thai or International, in Thailand. The venue will have to be in Spain. The current residence of both the defendant (you) and the child. If you hire an attorney he should be in Spain. Link to comment Share on other sites More sharing options...
Guy360 Posted July 8, 2016 Share Posted July 8, 2016 Time is your ally, not your enemy. The onus is on her, not you. You mention that she claims she has a very rich new boyfriend. Rich to a Thai lady is very subjective. He could just be living on a modest pension and she believes he is wealthy. Let me mention this from experience. Rarely is a new boyfriend anxious to fund his new girlfriend in a custody suit for a child that is not his. Please note that Whoever Care Less...Wins. That is true of most things. Consider this option. Offer her money to relinquish full parental and physical custody to you. Many times Money talks and the Thai lady walks. Link to comment Share on other sites More sharing options...
gemguy Posted July 9, 2016 Share Posted July 9, 2016 I agree with the posts that you should under no circumstances come back to Thailand. She definitely has plans for the son and maybe also plans for you. In case of a divorce and she is keeping the son, you would have to pay child support. That would be enough for her to live off, that is probably her final goal. You have the papers for the child, your situation is untouchable and the child is safe with you. Why do you even want to file for divorce? You can always hire an international attorney to represent you here. You do not have to be here in person. And do not hire a Thai attorney! I agree, at the moment I dont have any hurry to divorce, if she the want who may have the hurry to divorce, so I can wait as longer as I want. Your situation is another excellent example of a man that marries a Thai woman who is not what you thought she was and turned out to be typical of the Thai women and their mentality....commonly realized by way of their conduct and their actions. Seriously, you are better off without her as you can clearly see that her agenda and motives are far from sincere or trustworthy. Unfortunately, you are affected by her for the rest of your life because of the child who is going to be better off with you rather than a conniving woman who will or would use the child as a means to achieve her own personal agenda...that being, a means to obtain money regardless of the implications and ramifications caused to other people...including the child. Just ignore her the best that you can but always be thinking she is up to no good and plotting something underhanded as she will not be happy if she does not get her way...so... be forewarned and be ready and do not be caught off guard and make provisions and do not let her sucker you back into her life with sweet talk and affections and apologies....after she destroys her relationship with the next guy and then later desperately comes back to you and tries to re-start a relationship with you all over again claiming she has changed and how she made a big mistake concerning you and all the please forgive me BS...as she can not change.....ever...and do not believe otherwise..... or your doomed Cheers Link to comment Share on other sites More sharing options...
MonkeySee1 Posted July 9, 2016 Share Posted July 9, 2016 Any sane father would already have retained a Spanish lawyer to advise on this The Thai legal system is pure kryptonite to any notion of justice. Never step foot inside Thailand with your son if you want to see him again Link to comment Share on other sites More sharing options...
Inyourendo Posted July 9, 2016 Share Posted July 9, 2016 And cancel thai nationality ...at the moment I have his thai passport, but as longer as I know, passport are not same as give nationalities, therefore, my son dont have thai nationality, just have born in Thailand, and have a thai passort same as have a spanish passport. Your son has thai nationality ....to get passport, must be thai national ....he has thai birth certificate ...equals thai national. Link to comment Share on other sites More sharing options...
Inyourendo Posted July 9, 2016 Share Posted July 9, 2016 Keep the offer of money option open until you need it...currently you do not .... if you offer it up, it makes you look desperate, weak, need the certainty etc ...exude strength and the spanish forces and legal system behind you .. As for new boyfriend, agree that very few would bother to fund expensive drawn out process to get unknown child to them ..... but ....do not ignore the possibility that some weak arse manipulative men that bend over backwards to please their little darling, just might do it .... but realise the Thai version of very rich is what she is told by her new found love...often very far from the fact and stated to make you jealous and tremble with fear Link to comment Share on other sites More sharing options...
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