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  1. #1
    Member สมาชิก
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    19 Jan 2013
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    Default Legitimization of my Child

    Hi,

    I have searched a fair bit and been in contact with various legal representatives in Thailand with regards to being the sole carer of my Daughter.

    My Daughter is now 18 Months old and has lived here in the UK for 9 Months with Myself. She was born in Thailand and has a Thai and UK passport. Myself and her Mother are still currently together but things are not going completely to plan with regards to the future.

    My Girlfriend( Daughters Mum ) wants her to live here with me, as do I. We are just not sure what the cheapest and easiest way to make Myself the sole parent. It seems daft to shell out 100,000bht + on lawyers when everything is so amicable between us.

    My main concern is that I am taking this responsibility on ( which I am happy to do ) and yet if My Daughter and I travel to Thailand to see Mum, she could just take her back at any stage if she starts to change her mind anywhere down the line. This would break my heart but I also want her Mother to play a part in her life.

    My Daughter has a great family here in my Mum, Dad and sister aswell as 2 brothers from my previous relationship. I have my own business that practically runs itself and she has lots of Friends at Her Nursery.

    I suppose I just want the peace of mind that if I am to dedicate my life to raising her by myself, that nobody can take her away without me being part of the decision. I would like to get this as concrete as possible in Thai Law so that we can visit when we can without me worrying.

    If I have missed anything then please ask and if anybody has any advice, help or links then thanks in advance.

    All the best....

  2. #2
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
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    Default

    The default position in Thailand is that the mother has custody of any children in the event of a break up. However, a father can challenge that and given that the child's mother is in agreement, I can't see (but you need to check) any reason why a court would not grant you custody provided you are considered to be a suitable person.

    However, I don't think there is any absolute 100% cast iron guarantee that things couldn't change in the future. From what you say its doubtful that anything untoward would happen but there may be a way that the mother (having seized the child) could go back to the court and claim she was acting under duress, not well at the time.....any number of other bizarre reasons. Remember, you would be dealing with Thai courts in Thailand where strange things can and do happen.

    I doubt there is anyone here that can tell you with any certainty what the position is under Thai law so I'd recommend you speak to a Thai lawyer.

    One thing that may offer you some protection and there may well be some legal advice on this forthcoming, would be that the child gives up her Thai citizenship and therefore becomes solely protected by her UK Citizenship. meaning the UK may be able to request the child's return if the worst came to the worst. However, I'm not sure that an 18 month old would be able to give up her Thai citizenship.

    Personally I'd get advice from a Thai lawyer and go for custody.

  3. #3
    Veteran ผู้มีประสบการณ์
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    Default

    Only you know how good or bad the relationship is now but if it were me I wouldn't assume that things would remain amicable. Even if your wife is and remains reasonable, who knows who will get into her ear in the future. I'd be inclined to consult UK lawyers, let alone Thai ones (I'm not sure I'd let my children out of the country). Get your wife to visit - surely that's easier than the two of you going over to Thailand?

  4. #4
    Veteran ผู้มีประสบการณ์ prikphet's Avatar
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    Default

    Ditto the above, I'd be staying well away from Thailand, for more reasons than I care to count...I certainly wouldnt take any risks with my son so can see where your coming from.

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