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Missing Child Advice


HondaCBR

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Briefly:

 

1) I have a one year old child with a Thai woman I have had a 3 year relationship with. We are not married.

2) I met her in the UK and now I live and work in Thailand. She has ILR for the UK.

3) 30th November 2018 I found out my 13 year old son from my ex-wife was visiting Thailand.

4) I asked my partner about seeing him - walking on eggshells as she has jealousy issues.

5) Went home that night after work with my full pay packet to hand over as usual.

6) My partner had disappeared with my one year old son. This is now 5 weeks ago. The last text message she sent was 'of course your 13 year old comes first. I will walk off and carry my son alone'.

7) My partner is now in the UK and my son is somewhere in Thailand (but not in the village with close family).

???? This entire time my partner has not answered one call or email (although read receipts show she is opening emails) and has obviously smeared me to family to justify all of this behaviour. Nobody will tell me where my son is.

9) My partner left Thailand to 'work' ahem in the UK when my child was 4 months old (leaving him with family in the village) and returned when he was 7 months old.

 

This is not a good situation. Any suggestions on a way forward?

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It is, however, true - under Thai law, a man not married to a child's mother does nto automatically have parental rights, even if listed as father in the birth certificate.

 

if the child were still in the UK would be a different matter.

 

OP see https://www.gov.uk/government/publications/international-parental-child-abduction

 

But bottom line, if your son is in Thailand yo uare looking at  having to go to Family Court in Thailand (for which you will have to appear) to request parental rights and I guess also custody - I am not sure if these can be done in tandem or if you have to get parental rights first and then sue for custody.   The court may require DNA testing to prove you are the father. This whole thing will take time and money, and there is no guarantee that your GF or her family will not take the boy off somewhere in the meantime where, court order or not, you cannot find him.

 

It is easier to get a custody order than it is to enforce it, and especially in Thailand.

 

So in fact, if you think you can pull it off, it would indeed be best to reconcile with the mother and get the child back to the UK. Then confiscate passports (hers and his) and seek full custody.

 

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