Can thai wife reclaim my son from Thailand?

[kovaltech]

op, i am really getting confused by your statements...

1: If your son has Thai and Spanish passport, then he has the Thai and the Spanish nationality period.

Receiving an Spanish ID card , will not revoke his Thai Nationality, only at a certain age, he can do that by himself.

2: if your wife files for divorce in Thailand, no court in Spain will react before having a verdict from Thailand.

3: Divorce can be done according Thai Law , in Thailand, since she resides in Thailand.

4: With the stated Income , by your words, 35K bath, she will not have any problem to file for divorce and even getting a court order to have sole custody

5: not reacting can make you loose everything

6: Thai court can, and most probably will, summon you and your son, to be present.

7: She can file complaint for parental kidnapping , since its normal that, in case of new circumstances, previous consents can be revoked. Ergo also she has rights...

been there, seen it happen in real life... with my sister in Law

So: Knowing she wants a divorce and she want the child:

File a divorce suit ASAP, with a court order to grant you "temporary" custody

If you don't do , before she does, you loose.

Even she can get legal assistance in Spain, free for her, and sui you for all your assets. Not a joke.

She can...

Only if she files for divorce in Thailand first, then the justice system in spain will NOT help her.

So, if you'r not Trolling and your story is true... GET OF YOUR *SS and ACT NOW

[nifty11]

.

Edited July 9, 2016 by nifty11

[nifty11]

Without knowing the full story of your circumstances and just going on the brief article I would say that the only thing that you could do is enter the kid into Thailand on a Spanish passport or whatever nationality you are and have registered the child as a foreign birth. That way if she does a runner with the kid then you will probably have Interpol on your side and the Thai police won't be able to hide from possible kidnapping charges in international laws. I am not a international lawyer this is only going on what I have read on this and other forums that I have read. Good luck as you seem to have the best interests of the child and not egos at the forefront.

[kovaltech]

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.

Thank yuou for your answer. There are many spanish people born out of Spain, as in Tanger (Morocco), or Paris for example, and they dont have the two nationalities just because of the birth place. Still will investigate if be born in thailand means automatically be thai.

Lidra,

Does he has a Thai pasport ? then also have Thai nationality...

He also has a Spanish pasport ? then also have spanisch nationality...

meaning: dual citizenship...

His father Spanish, his mother Thai, born in Thailand...

Normal case of dual citizenship...

[kovaltech]

Thank you for your reply Kovaltech.

Unfortunately for me, it looks I was wrong about thai nationality, and at the moment I think you are right,

Was told also, thai law will force him to choose one of both, spanish or thai, once he is over 18 years old.

Just hope in the meantime, as his address is in Spain, and my wife let me take care of him voluntarily, Spanish law help me to keep him here.

Lidra, as per your original post, your wife does not let you take care of him anymore, hence she asked you to bring him back to Thailand. ergo, all before that has been revoked, even your posting here on TV can and will be used against you before court.

So, she can and probably will, get an court order for the custody of her child, where as you refuse to comply with her request and even more , you don't take any legal action... and even not planning to do so...

DELETED

Edited July 10, 2016 by seedy
flaming

[kovaltech]

Lidra, in answer to your original question: Yes she can reclaim her son from Thailand...