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What rights do children have here?


Deserted

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Hello.I am a father, a loving one so everyone tells me and I so surely know myself. I am divorced and concerned about my child and how she is treated sometimes. I am divorced. My child lives with her mum and her mum's mum. I have seen examples of her being treated poorly and even slapped for no reason, as I did today. Isn't there some sort of family court where such issues can be addressed? Often I want to see my child but all sorts of fabrications arise even though we agreed I spend 2 nights a week with her. I want to strengthen my position as well as protect my child from being treated badly. As today it was not her mother who slapped her. I don't want to lose my temper and dish it back out. I want to know how I should proceed so that I can main access consistently and that any unfair treatment to my child can be taken further. I love my child. I never gave anyone permission to smack her. I never did it and never will. How can I give her extra protection or put differently can I give her extra protection?

 

Please don't give opinions. I don't ask for them. I ask how best to proceed so that if I see my child has been hurt I can attend to that matter by drawing attention to it with the people most appropriate. 

 

Thanks

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  • 3 weeks later...

Could someone give advice here please?

 

My child was off from school for a few days ill with a cold. Her grandmother took her to the shop on a motorbike taxi and then fell off it straight away, thankfully my child was not hurt. I took her to a clinic but her mother made her walk in a bit of mud and she slipped and panicked but was not hurt. The following morning my ex- was shouting at her because she was tired and could not wake up easily and thus go to school on time. Anyway, I took her there and picked her up no problems.  My ex- then got into one hell of a bad mood. My daughter wanted to stay with me and that was fine, all okay. Then I got a knock on the door, my ex- turned up with two policemen and told them I had no intention to take my child to school the following morning! She wanted to spend the night with my child and so just made stuff up for them. I huge argument broke out but the police left quickly as they could see she was not telling the truth and did not want to get involved. Nothing came of that at all, we all spent the night together in the end. All fine but then she took my child to her work then walked out of her work and has taken my child off somewhere with her mum. Her work and the school I pay for were not informed, no one was. We still are not and I now have no access to my child and do not know where she is. What do I do now? I think  she just wants a weekend break or something but I don't know and her work  are concerned as she has never walked out like this before.

 

Should I report this as abduction? If my child is with her mother, can it be counted as so? I friend said as her father I have a 50% ownership . We just divorced nothing else was agreed but my ex wife just took my child somewhere without telling me. What are my options here? 

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Sorry to hear of your issues. As a parent here with two children can understand your concerns. 

I have not had any issues and really have no idea of all the legal matters. However there are rules of law here even if some do not believe it. I would suggest to find a Thai person you know and trust to help if you do not speak fluent Thai. Then proceed to the local cop shop. In all of my experiences I have always met local police willing and wanting to help. Asking for a good family lawyer as well. 

It is the same as in the US or UK, Canada etc it is difficult for the Father to get full custody no matter how shitty the mother may be. If the child is old enough to make her opinion it may help. 

Don't know your circumstances but if you live full time in Thailand you may be looking at years of this going on. If you are not able to make some arrangement with the mother I would look at making plans to get your child out of Thailand back to your home country.

Both of mine have dual citizenship and multiple passports. I have them registered in programs in my home country (medical programs, registered school etc) they are registered with Embassy of my home country in Bangkok and could get them out of Thailand on short notice. Number one item you need to work on is getting a letter done up giving you permission to travel with your child out of the country. 

 

But for the time being I would get a translator you can trust, get yourself down to the police station to explain the situation. I have even used the people from immigration in some situations. I was just at the local amphore were my wife and I got married to get copies of death certificates and several of the people all spoke excellent English and would be another good resource.

 

Remember not all Thai people dislike foreigners. Many will help if they can. You just have to ask sometimes.

 

Good luck.

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Who has custody?

Was anything about that arranged in court?

 

You need to discuss these things with a lawyer to see where you stand and what your options are.

And I would recommend already starting to collect evidence; write down all incidents (time, place, etc) and try to find supporting evidence in case it goes to court.

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It does not sound like abduction to me... [that is opinion and you don't want opinion but how can anyone outside of the situation know all of the details?] - - so, I am really not sure what you are asking as how best to proceed would only be a matter of opinion...

 

That said, I really feel for you situation and hope I can offer some words of comfort... maybe the best you can do for your child is to consistently offer kindness and care through the many years ahead. There are things that go on here as far as child rearing that I have not always approved, but as it does not become abusive, I keep my mouth shut and provide a strong, loving positive influence... not sure how old your kid is, but they know and see... continue to set a loving, caring influence... I do not think you will be able to change your ex wife, her mother or everyone that your daughter is likely to come in contact with... try and stay calm and truly, best of luck to you, this is very painful stuff. 

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As a falang dad with the good fortune to have fathered a daughter with caring Thai mother, I really feel for you. You need to consult a lawyer, preferably one who specialises in domestic stuff.  There are many large firms contactable via the Internet - such a Siam Legal - who will offer a free initial consultation. Good luck.

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Yes, there is a family court.  You can file for custody and the court will talk to the child 'out of court' and make recommendations to the judge.  The procedure starts with arbitration and if no agreement is reached then it's sent up for a judge to decide.

 

If the child feels worried or feels he/she is in danger, there is a Childline Thailand.  It's a freephone number 1387 and anything between the child and their organisation is confidential.  However, if they think action needs to be taken then they will.

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1 hour ago, HHTel said:

Yes, there is a family court.  You can file for custody and the court will talk to the child 'out of court' and make recommendations to the judge.  The procedure starts with arbitration and if no agreement is reached then it's sent up for a judge to decide.

 

If the child feels worried or feels he/she is in danger, there is a Childline Thailand.  It's a freephone number 1387 and anything between the child and their organisation is confidential.  However, if they think action needs to be taken then they will.

According to this topic, they will not do anything. You can only get something done, I think, if your child is fysically abused.

 

Good luck in doing the right thing.

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Children have the same rights as written in the international laws.

 

Thailand is one of the best places in the world according to the international research and investigation ranking on the 8th place ranking above many western countries

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