151 replies to this topic
Posted 2010-11-02 20:30:18
 IMA_FARANG, on 2010-11-02 19:32:29, said:
As I said in another post I AM NOT A LAWYER, so anything I say may be wrong. But here's some points to consider.
I believe the nother still has rights to custody of the child UNTIL you can prove that her custody of that child is determental to the child. So I don't think you will get anywhere with the "kidnapping" charge unless you cam prove that the child did not go voluntarily, or is being harmed somehow by living with the mother.
I have read somewhere that a parent may lose custody rights of a child (in Thailand) if the child is not allowed to attend school (where that schooling is available). If the mother is keeping her out of school...you should mention this to a Thai lawyer. It may be important, but again...I'm not a lawyer.
As much as I agree with the idea that staying with you instead of the mother might be a benefit to the child...for economic reasons if no other...I doubt that any Thai court would ever agree with that. So, in my opinion, that's a very weak arguement for custody of the child. (Sorry, to have to say that).
hi 'IMA_FARANG' thanks for your reply, i feel i must just get ready for the court case now, from what knowledge i have gained ,
as the half sister took my daughter , it is kidnapping, and the warrant in live for the half sister , if the mother took my daughter, i would agree with you,
as the father i must have a say in where my daughter lives , what school she goes to, her standard of care,
at this moment in time, i do not know where my daughter is, who is taking care of her, if she is going to school,
all this is against thai law as i have been told by my lawyer and police, thats why since the phone was turned off last week by my wife, the police have moved up a gear and so i hope will the juvenile court,
but thanks for the input.
m
hi
Posted 2010-11-02 20:38:09
Mario2008, on 2010-11-02 19:48:31, said:
There is no kidnapping as the mother has equal rights to the child. As the parent determine the place a child stays, it doesn't matter if the child goes voluntarily or not with a parent.
answered the kidnapping question in my last post,
but what is correct is the child stays with the mother or the father, not the mother giving the child to who ever while she goes of to live in england, which may have happened, i dont know , because as i have said i dont know where my daughter is or whos taking care of her or if she is going to school, time will tell. and will post the answers on thaivisa
Posted 2010-11-02 20:46:38
Yes, finding your daughter is the first priority. If she is with anybody else but the mother, you can demand her back from that person. You can only not demand her back from the mother herself, as she has equal rights as you.
If the child doesn't go to school, a judge will take serious issue of that and it will increae you chance of getting sole custody. But for that the norm is that the mother is incapable or even a danger to the child.
If you fear the child is in the Uk, you cna contact the British autorities, as under British law it might be considered parental kidnapping. But I don't know UK law.
Posted 2010-11-02 20:55:55
Mario2008, on 2010-11-02 20:46:38, said:
Yes, finding your daughter is the first priority. If she is with anybody else but the mother, you can demand her back from that person. You can only not demand her back from the mother herself, as she has equal rights as you.
If the child doesn't go to school, a judge will take serious issue of that and it will increae you chance of getting sole custody. But for that the norm is that the mother is incapable or even a danger to the child.
If you fear the child is in the Uk, you cna contact the British autorities, as under British law it might be considered parental kidnapping. But I don't know UK law.
thanks for reply,
agree with everthing you say,
and the british embassy was contacted on the 13th of september, one day after the abduction, i have my daughters passport, and if the wife has got her to england the term is trafficking,
thanks again
Posted 2010-11-04 09:35:22
A few things;
There is no kidnapping done by the mother and there can never be as long as she has custody. The child was according to the OP taken, with CCTV evidence to back it up, by the mothers half-sister. What the half-sister did can be considered kidnapping. Mario2008 writes well as always, read his posts twice
School
Juvenile will surely react to if one parent denies a child education. I doubt custody would be removed only because of that, hardly, but the court will still act to ensure that the young child get education in the future. Removing custody isn’t their first choice, they can make the other parent primary custodian, why not do that instead?
I don’t think that we will see sole custody coming out of this, I think that we will just see the court act in the best interest of the child and give the parent who has proven to care the most for the childs future and is ready to continue to do it the most of the possession. We could very well see 5/2 – Monday to Friday – given to the father as he can prove that he has provided a stable home and good education for the child, need to show that he is prepared and ready to do the same in the future.
That the child was taken out of school is a very important point to push. The father should in my opinion request an emergency case as the child is denied education (and more). I don’t know exactly how to formulate it, I’m not a lawyer too, but that a child is abducted (if a warrant really exists, I still doubt it) and denied education is serious enough for the court to act. I would like to get the handling of the child separated from the divorce case if possible. At the end of the day, it probably doesn’t matter that much if the future of the child is decided as part of the divorce or separately but for the OP to get it separated in the first place would in itself be a small victory proving that he really cares for his child. And a decision would come faster
I still like abandonment by the mother charges because the OP says that he has evidence of some 2 years where the mother actually left the child to go abroad. IF a warrant for arrest for kidnapping against the step sister really exists, then the mother is also Either in contact with a kidnapper or has still abandoned the child. Not that important in Juvenile court though
The courts will take a decision taking into consideration the future of the child more than what happened in the past so it is important for the father to show that he plans for the future. School will be the same of course, arrangements for who will take care of the child when the father is working is completed… All is planned and ready = good impression. Licensed teachers are good witnesses, preferably Thai, you would increase your chances nicely if you can get one or two of your Thai licensed teachers friends to witness that you have taken good care of your child (while the mother left the country..)
We have 2 open issues; Mother playing tricks and providing witness of abusive behaviour and the child is 9 and old enough to affect the judges’ decision. Maybe the child will help to decide the outcome
OP, you now know quite a lot how to prepare yourself, good luck
Posted 2010-11-04 09:47:27
Note that if the half-sister acted with consent of the mother, it is not kidnapping. She was than authorized to take the child and only the father could have denied her taking the child.
#57
sarahsbloke
Posted 2010-11-04 11:10:17
Just a note on UK law.
If the child is in the UK with the mother, you have lost.
The words she will use are "I have removed my daughter to a place of safety, away from the abusive father"
UK law will give sole custody to the mother (if she alleges violence or abuse), no evidence required.
She can stall any attempts on your part for access or visitation rights for about 5 years ... just on repeated allegations to different authorities.
You will be required to pay for all your legal fees, solicitor and court, no cost to her, all done on legal aid.
In the UK men are considered monsters (by courts, schools, police, social services) likely to abuse or harm their children.
Edited by sarahsbloke, 2010-11-04 11:16:45.
Posted 2010-11-04 12:29:20
MikeyIdea, on 2010-11-04 09:35:22, said:
A few things;
There is no kidnapping done by the mother and there can never be as long as she has custody. The child was according to the OP taken, with CCTV evidence to back it up, by the mothers half-sister. What the half-sister did can be considered kidnapping. Mario2008 writes well as always, read his posts twice
School
Juvenile will surely react to if one parent denies a child education. I doubt custody would be removed only because of that, hardly, but the court will still act to ensure that the young child get education in the future. Removing custody isn’t their first choice, they can make the other parent primary custodian, why not do that instead?
I don’t think that we will see sole custody coming out of this, I think that we will just see the court act in the best interest of the child and give the parent who has proven to care the most for the childs future and is ready to continue to do it the most of the possession. We could very well see 5/2 – Monday to Friday – given to the father as he can prove that he has provided a stable home and good education for the child, need to show that he is prepared and ready to do the same in the future.
That the child was taken out of school is a very important point to push. The father should in my opinion request an emergency case as the child is denied education (and more). I don’t know exactly how to formulate it, I’m not a lawyer too, but that a child is abducted (if a warrant really exists, I still doubt it) and denied education is serious enough for the court to act. I would like to get the handling of the child separated from the divorce case if possible. At the end of the day, it probably doesn’t matter that much if the future of the child is decided as part of the divorce or separately but for the OP to get it separated in the first place would in itself be a small victory proving that he really cares for his child. And a decision would come faster
I still like abandonment by the mother charges because the OP says that he has evidence of some 2 years where the mother actually left the child to go abroad. IF a warrant for arrest for kidnapping against the step sister really exists, then the mother is also Either in contact with a kidnapper or has still abandoned the child. Not that important in Juvenile court though
The courts will take a decision taking into consideration the future of the child more than what happened in the past so it is important for the father to show that he plans for the future. School will be the same of course, arrangements for who will take care of the child when the father is working is completed… All is planned and ready = good impression. Licensed teachers are good witnesses, preferably Thai, you would increase your chances nicely if you can get one or two of your Thai licensed teachers friends to witness that you have taken good care of your child (while the mother left the country..)
We have 2 open issues; Mother playing tricks and providing witness of abusive behaviour and the child is 9 and old enough to affect the judges’ decision. Maybe the child will help to decide the outcome
OP, you now know quite a lot how to prepare yourself, good luck
update and thanks for your comments,
update the embassy has checked with the thai immigration bureau, and they say my daughter is still in thailand, re checking on her thai passport and i have her british passport,
and i will send a copy of the arrest warrant to you ao you can see for yourself, i know there are many trolls in thaivisa, but i am not one,
thanks again for your views and help,
Posted 2010-11-04 12:30:43
sarahsbloke, on 2010-11-04 11:10:17, said:
Just a note on UK law.
If the child is in the UK with the mother, you have lost.
The words she will use are "I have removed my daughter to a place of safety, away from the abusive father"
UK law will give sole custody to the mother (if she alleges violence or abuse), no evidence required.
She can stall any attempts on your part for access or visitation rights for about 5 years ... just on repeated allegations to different authorities.
You will be required to pay for all your legal fees, solicitor and court, no cost to her, all done on legal aid.
In the UK men are considered monsters (by courts, schools, police, social services) likely to abuse or harm their children.
thanks for rely and agree with you
Posted 2010-11-04 13:01:08
2 posts deleted as off topic.
Posted 2010-11-04 14:02:36
thanks a again all of you that have posted with your comments, even the ones that i did not agree with, all the posts let me see the other side of things, and have kept me focused on the main goal , re the best interests of the child,
it was to easy to feel angry and hurt for myself, at the start of all this, i was under a lot of stress and as you can see by my first few posts my brain was not working to well from the shock and anger i was feeling, now with your help and time passing, i am focused and straight in what i need to do, re divorce, and custody
but today i found out my lawyer has still not put into court for the divorce , but his reasons are, that if the police find the half sister on the warrant, all of the wifes family will go to the police station and i will hopefully get to see my daughter, for the first time since the 12 september, and maybe we can all sought it out in there,re divorce and custody. i like what was said and agree with me taking care of my daughter in the week, and the wife taking care on the weekends if she is in the country, but what i worry is the wife will just do it again, re just keep my daughter, can the court make an order, like i have said, and if the court can. can the order be enforced by the police?
if the police cannot find the half sister then i will just go a head next week with the divorce and try as said , to get the juvenile court to act alone, re more quick to get to court,
thanks again , and as i have said i will post everything on thaivisa as it happens ,
Posted 2010-11-04 14:10:25
Good luck 
Posted 2010-11-04 14:17:59
morphious, on 2010-11-04 14:10:25, said:
Good luck
thanks morphious
i just hope that oneday this thread can help other people, that are in the same boat as me right now, re cost of divorce, how to do it, and how long for divorce, what the court said and order, police side of things, to help one of us not breaking the law, and so on,
Posted 2010-11-04 14:20:54
scott1999, on 2010-11-04 14:17:59, said:
morphious, on 2010-11-04 14:10:25, said:
Good luck
thanks morphious
i just hope that oneday this thread can help other people, that are in the same boat as me right now, re cost of divorce, how to do it, and how long for divorce, what the court said and order, police side of things, to help one of us not breaking the law, and so on,
Agreed,keep us posted 
Posted 2010-11-04 15:37:21
ok i could not tell everything as you will understand, when i tell you all the police now have the half sister in custody as of 1 hour ago, im leaving school early to go to the polie station , meeting my lawyer there,
i will post as soon as i have anymore news thanks again for all your help
#66
sarahsbloke
Posted 2010-11-04 15:54:11
congratulations .... if mother not around they should give you your daughter.
Take your passport and daughters birth certificate to the police station if you have them.
Posted 2010-11-04 15:57:42
Indeed, I hope you will be reunited with your daughter very soon.
Posted 2010-11-04 16:15:59
Google and call this guy : Khun Wichai Pannoi - he is a Thai Lawer, Legal Adviser and private detective agency.
He will help and it won't cost you too much
Posted 2010-11-04 17:03:08
im seating in my condo now waiting for my lawyer to get to the police station first, then i will go,
my heart is pumping like mad but i now i must must stay calm, just hope the mother turns up with my daughter, if not i will just have to let the law in thailand take its course,
but i know from this momment on anything they say to me or the police or the court , i will be able to use.
any body got any advice before i go to the police station , please feel free
for me ,
1 stay calm
2 look clean and shower,
3 dont get into a fight with them, if they want to shout and scream up to them,
4 i just want to know my daughter is safe, with the mother, going to school
will need all the address of home school, and so on.
5?
#70
sarahsbloke
Posted 2010-11-04 17:11:12
Insist on pressing charges against the sister.
Tell the police the sister will run and hide both her and your daughter if they release her.
Unless of course, she hands you the daughter, in which case it will be your turn to hide.
Maybe you could remind the policeman in charge of the 5,000bht reward you were offering for the safe recovery of your daughter into your custody.
Edited by sarahsbloke, 2010-11-04 17:13:44.
Posted 2010-11-04 17:11:37
oh and of course if possible , get my daughter back now,
Posted 2010-11-04 17:13:28
sarahsbloke, on 2010-11-04 17:11:12, said:
Insist on pressing charges against the sister.
Tell the police the sister will run and hide both her and your daughter if they release her.
Unless of course, she hands you the daughter, in which case it will be your turn to hide.
ok i im all ears now
yes i like what you said very straight and clear,
Posted 2010-11-04 17:19:51
ok update just found out the half sister was taken from her place of work, so theres no way she can be taking care of my daughter now, my daughter can only be in the hands of the mother, or who ever the mother has got to take care of my daughter,
Posted 2010-11-04 17:38:11
ok im off to police now will post when i get back
thanks again for all the advice
Posted 2010-11-04 21:02:02
just got back from police station , the half sister was saying she dont know where the mother or my daughter is and does not have her phone number,
so the police locked up the half sister , to go infront of the court monday , bail is 100,000 , and the court date will be set, if they pay the 100.000 then she will be out tomorrow. small victory for me i think , but still no info on my daughter, even the police are worring now about my daughter,
maybe the mother will come to her sences and we can still sought out this problem before it just gets bigger and bigger,
|
Sponsored by ...
|
0
