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  1. #1
    Forum Regular สมาชิกประจำ vanbobble's Avatar
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    Default custody issue regarding the wife's daughter

    Hi all.. I am trying to get my head around a bit of a problem and wonder if anyone has any knowledge regarding this type of thing.

    My wife Pam has a 14 year old daughter, who since she was 2 or 3 years old has lived with her ex partners family (thai). Pam and her former partner were both working in Rayong, they split up she went home to Surin and took her daughter, he went home to Sattahip. A few weeks later she received some sort of court papers.. I believe some legal advice (possibly) was taken and an agreement was reached and possibly settled in court (or similar) or via some type of formal mediation, that the daughter would live with her father who would be financially responsible for her, including schooling etc.. and her daughter would be able to go and stay with Pam and her family during school holidays.

    The father has a new girlfriend and additional children and is now reluctant to pay for Pam's daughters schooling - I think was planning on going to some language school in Chonburi.

    Pam thinks that he would be in breach of the terms of the agreement entered into at the time and wants to explore whether she can get her daughter to now be able to live with her family in Surin (where apparently there are many schools she would be happy at..!)

    Of course, worst case scenario we could just pay for the schooling, but the wife thinks this would be unfair.

    I have explained that given Pam is currently here in England with me (we usually go back to Thailand in April for her daughters school holidays) that she may want to get her sister and mum to try and find out what the options are before going back.

    Not had much experience with lawyers etc in Thailand - does anyone have any advice on where to start or the hopes of anything succeeding? Apparently the family does have the papers from the original mediation/agreement.

    Many thanks

    Rob

  2. #2
    Moderator Tobias's Avatar
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    What is the father's view on the daughter moving to her maternal grandparent?
    Tobias - โทเบียส
    If you want to know where I am, follow me on my Thailand-UK Blog.

  3. #3
    Forum Regular สมาชิกประจำ vanbobble's Avatar
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    Hi Tobias. I am not sure my wife has spoken to him about it recently, I would imagine with his additional family now that perhaps he would welcome the opportunity to shirk financial responsibility for her. I guess what you are saying is that the best place to start would be discussing it between the 2 - not something which I think the wife will warm to, but seems the logical place to start

    When her daughter reaches 18 she will be moving to Surin for sure to be with Pam's family, I suppose if that is put to him it may be an idea.

    Thanks for your response, any further comment would be appreciated.

  4. #4
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
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    I had a very similar situation 10 to 12 years ago where my wife's son was living with the paternal grandparents. He'd had a stint with his dad but when his dad re-married and had a new family, he lost interest in his son. My wife (living in the UK then) wanted to get him to her family prior to applying for a visa for him to live in the UK.

    The paternal grandparents put up a bit of a fight saying that they loved the boy...........although we could take him for 200,000 baht - the price of their love! We saw a solicitor in Bangkok who advised us that the default position in Thailand was that custody lies with the mother unless good reasons to the contrary exist. We had to go through the courts and the court had to order the boy to be handed over but the case went our way.

    We didn't have the question of a previous agreement hanging over us so that is a little different but the Thai courts always look at what is best for the child.

    It sounds to me that the first thing to do is to talk to the father - there might not be any resistance.

    If your wife doesn't want to talk to the girl's father, use a mutually known third party.

  5. #5
    Forum Regular สมาชิกประจำ vanbobble's Avatar
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    Cheers for responding Flip.. yes I would half expect a ransom demand, which is ironic considering it would cost the guy money to keep his daughter.

    I would be grateful if you could enlighten me as to the what the timeframe / cost was to resolve your situation. PM me if you would prefer not to state on here.

    Many thanks
    Rob

  6. #6
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
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    In total about 6 months and 30,000 baht but that was over 10 years ago.

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