What the thai police/immigration will do in case of parent conflict with a binational child about child leaving Thailand (Filipino-EU citizen) ?

[Danielsiam]

I have a friend who actually have conflict with her Filipina girlfriend..

 

They're in Thailand as a Tourist ; 

 

He wanted to bring his son to EU,

But the mother wanted to bring her son to Philippines.

 

The child entered in Thailand with the EU passport

 

Can the mother give a ban to the father to avoid bring her son in France ?

 

What the IO or police will do in case the parents have that conflict, & each one wanna bring to their respective country ?

 

There is no custody judgement, etc, is just born without marriage, and I think the both have parental authority, which is make the case complicated.

 

Can the mother call the police & tell them to don't let the father leave to Europe with her son, while he's on the way to the airport exemple ?

 

And police block the father to leave the country.. ? or the police will not care as the child is not either Thai.. and they're both parents so they will not give a care.. ? and told her we cannot stop as he's the father and have the same nationality passport.. as the child entered ?

[BritTim]

While I am not certain about this, I think (without marriage) immigration will have a strong tendency to give priority to the mother. However, if leaving with a non Thai child as the father, and being able to show your name on the birth certificate, immigration might decide just to stamp you both out without investigating.

[DrJack54]

Think Tim is on the money but this is not a thai visa issue. More a legal dilemma and thinking op friend needs expert advise. Especially while not even married. No common wife rule in Thailand (as far as I know). Mother holds the aces and joker.

[BritManToo]

As they're all foreigners Thai immigration won't even think about it.

Especially if they entered at the same time.

[stevenl]

5 hours ago, BritTim said:

While I am not certain about this, I think (without marriage) immigration will have a strong tendency to give priority to the mother. However, if leaving with a non Thai child as the father, and being able to show your name on the birth certificate, immigration might decide just to stamp you both out without investigating.

Since the child entered on EU passport will probably be stamped out without any issues. After all the child is going home.

[Preacher]

All depends on the custody of the child. If the child was not properly legitimised and custody awarded also to the father it will be a case of kidnapping.

[geistfunke]

Talk, talk, talk, please talk..... and not give up with any excuse. This is not an immigration problem, it is a mother and father problem. They have to find a good solution for their child TOGETHER!

[LukKrueng]

8 hours ago, DrJack54 said:

Think Tim is on the money but this is not a thai visa issue. More a legal dilemma and thinking op friend needs expert advise. Especially while not even married. No common wife rule in Thailand (as far as I know). Mother holds the aces and joker.

 

5 hours ago, Preacher said:

All depends on the custody of the child. If the child was not properly legitimised and custody awarded also to the father it will be a case of kidnapping.

According to the OP this family are here as tourists and not on long stay visa / permit. He also mentioned the child entered Thailand on EU passports meaning the child wasn't born here. So Thai rules of custody or common wife have nothing to do with them.

The wife could go to the police and complain her husband / BF kidnapped her child but I think it takes more than just few minutes / hours to alert the immigration as to stop someone from leaving the country. If she goes to the police in advance I guess they'll have to contact the relevant embassy or embassies to check who's got legal custody the question of course is if they'll take any action at all as if the father is still here with the mother and child and only discuss / argue options, then no crime was committed and they have nothing to investigate. 

[Preacher]

Kidnapping is kindnapping so it has to do with Thai law. Beleive Thailand is even party to the parental kidnapping treaty. 

 

But even if Thai immigration does nothing, Europe is more than 10 hours away. Enough time to prepare the arrest at arrival. 

Thai imigration does sometimes check if permisison is given before a child is allowedd to enter. Besides, a phone call to the airline might also result in the child beeing denied boarding. 

[baansgr]

No Thai citizens involved, no crime committed, I doubt the police would be interested as no law has been broken

[Sumarianson]

If the child came from europe and booked to return to europe, no problem. It is the child's residence that is important. Where it has lived last, legally for 6 or more months. It is to there that the child must go and any arguement settled in the courts of that country. It is not possible yo legally take the child from it's resident country without the expressed permission of the parent resident/citizen in that country.

[FritsSikkink]

1 hour ago, baansgr said:

No Thai citizens involved, no crime committed, I doubt the police would be interested as no law has been broken

Kidnapping is a crime

[FritsSikkink]

"There is no custody judgement, etc, is just born without marriage, and I think the both have parental authority"

 

Why do you think you automatically have parental authority? The mother has as she delivered the baby.

You first have to prove that you are the father.

[Isaanbiker]

The mother will get all rights if they follow Thai rules/laws. But honestly speaking, the child would be way better of when growing up in Europe.

 

   I only guess that his wife doesn't have a job back home, or? 

[Isaanbiker]

8 hours ago, Preacher said:

All depends on the custody of the child. If the child was not properly legitimised and custody awarded also to the father it will be a case of kidnapping.

And if he's the legal father in the birth certificate and the mother takes the child to the Philippines, what would that be? Isn't that a case for a court in the country the child was born? 

[Preacher]

41 minutes ago, Isaanbiker said:

And if he's the legal father in the birth certificate and the mother takes the child to the Philippines, what would that be? Isn't that a case for a court in the country the child was born? 

If he is the legal father and has custody than there is a problem. Jurisdiction over the custody questions would then normally lay with the country where the child has its legal residence (not the country of birth).

[ericthai]

6 hours ago, Isaanbiker said:

The mother will get all rights if they follow Thai rules/laws. 

This is not true, I know several guys in Thailand that the courts gave custody to the father. 

[Guest Jerry787]

by law the mother until the child its 7 get the custody right if no court order will say viceversa.

 

indeed if the father will go to airport and they got both passport with same family name, as well there is no claim at immigration, no one will care and will let them pass..