Obtaining replacement copy Thai birth cert and Thai passport

[Rolanddrums]

Hi Guys, first some background then couple of questions . I am English and am married ( but separate now for 4 months) to Thai girl. We married in UK . We have one son age 4. She has left us, and our son lives with me. We live in UK but I also own nice condo in Pattaya . My son doesn't HAVE to start school until Sept 2017 . I want to come to  live in Pattaya with him now . I am happy to pay for quality private schooling . I am 55 so I can get retirement visa no problem ( I think). My son has UK passport and UK birth certificate.

About 3 years age when still together my wife applied for and got Thai birth certificate for my son and a Thai passport . She has the birth cert and won't let me have it without much money in return. The Thai passport I have but I cut it up a year or so ago. Wife happy for son to live with me.

Questions..

1) Is is fairly easy to get a new 'copy' of the birth certificate for my son  , as one has already been issued before?

2) Ditto replacement Thai passport?

3) Is anything else needed for him to live with me in Pattaya?

4) Any names addresses of good Lawyers in Pattaya to assist with this?....Thanks

 

Edited October 13, 2016 by Rolanddrums
spelling mistake

[blackcab]

You are married, so you share parental responsibility for your child.

 

Understand that if you enter Thailand with your son, you may be prevented from leaving with him without the written consent of your wife.

 

You and your wife need to jointly apply for his Thai passport.

 

I am not certain about a replacement birth certificate. 

 

If I was you, I would wait for another 8 months (1 year in total), then apply to a Thai Court for a divorce based on abandonment. You can ask for sole custody of your son. Once you have this you get a new Thai passport and can do as you please. 

 

Beware of bringing your son to Thailand before you have sole custody. 

[Rolanddrums]

Fair advice, please note initially I just want copy of birth cert and passport of which have already been previously issued. I need to know if easy to obtain.

[blackcab]

Thai passports for children are easy to obtain, but one parent can not do it alone without consent of the other parent or sole custody of the child.

 

It doesn't matter if the previous passport is lost, damaged or expired. The same rules apply.

[Fithman]

13 minutes ago, blackcab said:

Thai passports for children are easy to obtain,

 

It might not be as easy as you imply especially if the original b/c and passport were issued in the UK and the child's not named in a Tabian Baan 

[MikeyIdea]

You are married in the UK but we don't know if your marriage is registered in Thailand. If it is not, then I would like to say that for all practical purposes the mother has sole custody in Thailand. It's true that a British marriage will legitimize the child and give you shared custody BUT... I don't think anyone except court will care in reality

 

If you are in Thailand, then you need to be able to prove that you have shared custody with something that is in Thai and valid in Thailand

 

You and the mother got a Thai birth certificate at the embassy or a consulate in England. That process doesn't have to include registering the British marriage at the same time and I don't think the mother would have wanted to do that

 

It is quite likely that immigration will not let your son out of Thailand if you let him enter on a Thai passport and it there's no way that they will let him out on a British passport without an entry stamp. Blackcab wrote it well, you're likely to need consent from the mother, best use the standard form printed that the other parent can request at the amphur. You could let him enter on his British passport if you think no one would ever find out but it is actually not legal

 

Birth certificate: There are a couple of rules there 

You need to prove that you have shared custody in Thailand before you can request anything about your son at the amphur. I cannot imagine that coming with a British marriage certificate will do it. I don't think that a British marriage certificate translated to Thai and certified at the Consular Affairs department of the Ministry of Interior will be accepted either

 

You will also need a police report to get an original new birth certificate issued. There is another standard A4 paper that shows the same information but is obviously just a printout, that one also works fine unless original birth certificate is a requirement You can get that one from any amphur but only if you can prove that you have shared custody

 

Passport: Thailand is not like England where one parent can request a replacement passport. Both parents must always consent in Thailand

 

A Thai parent can veto that the other parent takes a Thai child out of Thailand unless sole custody

 

I don't know, this sounds dangerous Roland. Wife wants a lot of money to only give you the birth certificate, she could wake up and realise that she can ask for much more if she finds your son in Thailand.

 

1) Is is fairly easy to get a new 'copy' of the birth certificate for my son  , as one has already been issued before?  NO

2) Ditto replacement Thai passport?   NO

3) Is anything else needed for him to live with me in Pattaya?

Copy of Tabien Baan if Thai, Visa and no one must know if British

4) Any names addresses of good Lawyers in Pattaya to assist with this?....Thanks

Sorry...

 

Mikey

 

Edited October 13, 2016 by MikeyIdea

[Rolanddrums]

Ok thanks for detailed reply. No marriage not registered in Thailand . No shared properties or buisness in Thailand either. I can apply for sole custody in UK if that helps but not done yet.. I would get it probably solicitor says. I could enter him on UK passport but surely I cannot get him out on it as would show as long overstay? And then not be allowed in again?

Ok is there a plan B ?  I could just stay 60 day at a time on his UK passport with the 30 day extension? But is the requirement under UK law to have education at age 5 . How can he legally get this in Thailand if still officially in UK? Any other ideas apart from tapping up his mother ? I don't want to be trapped in UK for next 11 years apart from school holidays . If I could get 90 day visas for him and a paid for private education in Thailand acceptable at both ends that would work for me.

[MikeyIdea]

3 hours ago, Rolanddrums said:

I could enter him on UK passport but surely I cannot get him out on it as would show as long overstay? And then not be allowed in again?

 

What you're planning to do has a component of risk so best not to draw any attention with overstay. It's not a punishable offence for children but still, keep it clean

 

If you can get him a visa from the Thai Embassy, by all means do. They will deny if they check and find out that they processed his Thai citizenship but you should still be able to let him go as a tourist if they do

 

I think all is up to how obvious this (he) is. A private school should be fine with tourist visa for some time

 

Education: Should be no problem: The main point should be to prove that you provide good education for your child, I provided receipts for my daughters education here in Thailand and Swedish authorities were fine with that. I don't think that the child is still registered in the UK would matter. You can always sign him out of the UK, it doesn't mean that you have to sign him in here

 

Try visa, if Thai embassy denies, then tourist, extension and visa run 

 

This actually illegal in Thailand, do you think it will be too obvious yourself?

 

[Rolanddrums]

You say try Visa first , if not tourist Visa + extension. What type of Visa are you referring to for me to try first?

I can live with 60-90 days at a time as long as authorities ok in both country's  ( particularly UK) with this. Going home to UK every 2 or 3 months is ok for me as still own a home and business in UK . Just don't want to be restricted to time in Thai limited to UK school holidays, plus double the price to travel and Thailand full of 2 week millionaire idiots .

[MikeyIdea]

First of all: I am not confident about bringing your son to Thailand on a British passport if he obviously looks half Thai. Thai authorities have beefed up controls in this area so he and you could be questioned when leaving. Saying that though, there should be no reason why you wouldn't be let through unless he speaks Thai to them or have a Thai name

 

Visa:

Being rejected at the British Embassy shouldn't stop your son from getting into the country so without knowing the exact details, any longer period visa, preferably one that can be converted to Ed

 

Sorry for not being exact, there are very knowledgeable TV members in the Visa forum, post there and they will give you clear info

 

[TCA]

Resurrecting an old post for a related topic rather than start a new thread.

 

I'm trying to find out if the Thai Embassy in London (or any Thai government office in the UK) issues replacement birth certificates for a Thailand-born Thai citizen now living in the UK?

 

I know that you can register a new birth at the London embassy but can't find anything about replacements for certificates issued in Thailand.

 

Does anybody know? Thanks.