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  1. #76
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    TD, bit hard to post the laws without the facts, the house thing is a totally different ball game then the kids maintenance.
    Birth cert names, his or hers, register with the UK or not, passports etc.

    This may apply, or may not.

    Section 1541. An action for repudiation of a child cannot be entered by the husband or the prior husband if it appears that the latter allows the birth of the child entered in the Birth Register as his legitimate child or arranges or agrees to have it entered in the Birth Register.

    Or this may apply.

    Section 1555. An action for legitimation may be entered only in the following cases:

    Where a rape occurred, or an abduction or illegal confinement of the mother during the time when conception could have occurred;
    Where elopement or seduction of the mother occurred during the period when conception could have occurred;
    Where there is a document emanating from the father and acknowledging the child as his own
    If in the Birth Register it appears that the child is a son or daughter of the man who notified of the birth, or such notification was made with consent of the man;
    Where open cohabitation of the mother and father has occurred during the period when conception could have occurred
    Where the father had sexual intercourse with the mother during the period when conception could have occurred, and there exist grounds to believe that he or she is not the child of another man;
    Where there has existed a continuous common repute of being a legitimate child.
    Last edited by jamescollister; 15-06-2015 at 07:12 PM.

  2. #77
    Thailand Expat Black Heart's Avatar
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    Quote Originally Posted by Stinky View Post
    ^ I've no idea if he has a quick sale in mind but he's is pushing for her and the kids to get out fast. He has also made it clear that he won't pay anything towards the kids up keep, he's washing his hands of them all.
    I read the entire thread.

    Not right by him to pull a runner without financially helping support his 2 children,

    but there must be SOMETHING more to this story as for the REASON.

    Unless he's just an awful person.

  3. #78
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    Quote Originally Posted by Black Heart View Post

    but there must be SOMETHING more to this story as for the REASON.

    Unless he's just an awful person.
    There usually is two sides to a story and I think I've a reasonable understanding of this one, I obviously know a lot more than I'm letting on here but this thread was never about demonising him for past transgressions, just looking for advice.

  4. #79
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    She needs to consult a lawyer ASAP.
    - the house was acquired before he met her, so the land at least is in another Thai's name
    - they are not legally married so pre-marital/during marriage asset clauses wont apply
    - however, he may still have some property rights in the house itself which it appears the courts may be able to attach to pay for child support. Also property may include cars, bank accounts, furnishings, income (?)
    - he has acknowledged parentage by getting British passports for the kids
    - she needs to get the courts to declare his legal parentage

  5. #80
    . Neverna's Avatar
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    Quote Originally Posted by Evilbaz View Post
    he has acknowledged parentage by getting British passports for the kids
    I don't think that is actually known for a fact, just assumed.

  6. #81
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    Again, you're confusing laws in first world countries with the sometimes backward, often ambiguous, clunky, unwieldy laws in the glorious "Land 'O Thais".. They are not the same animals. . .

    Simply being listed as the father on the thai birth certificate is enough for a foreigner to get passports and nationality for children (although we don't know if he did this or not). Doing that still doesn't make him the "legally recognized" father with the rights and/or responsibilities here in thailand. That hasta be done in family court..

    j/c posted some interesting stuff about avenues the thai woman could use going to court to prove he is indeed the father of her children. Whether the father goes or not makes no difference. The only fact is whether he'd contest it or let it go thru and of course if she could find him afterwards.

    Believe me, I'm NOT takin' sides and fully agree it's a bummer for the kids. However, all the bloviating about what's what in the rest of the world in regards to this situation is just spewing hot air.

    In case no one noticed; this place AIN'T the rest of the world.

    As an aside; I knew a thai woman years ago who had three half-thai kids by three different foreigners! She threw away PILES of dosh tryin' to wring support out of 'em and never got a single baht. Last time I talked to her the youngest was already 20 something..

  7. #82
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    Whoa! Let us just back a bit here…
    Ex wife or GF (you have not told us. Legally divorced? Other details you have withheld by your own admission?) She has contacted you re her plight as to accommodation and the fate of her kids by a common law husband?
    Does she perhaps view you as a source of a cash solution?
    Obviously your ex views you as a softy who cares about and empathizes with her plight and someone else’s kids.
    She got herself into this predicament...up to her to get herself out methinks?
    A very old story in Thailand and elsewhere…why do you care maybe a relevant question?

    You could buy the house in her name and send a stipend if indeed you care that much...perhaps a lot quicker and cheaper than relying on the litigation route?

  8. #83
    I am in Jail

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    Quote Originally Posted by Stinky View Post
    There usually is two sides to a story and I think I've a reasonable understanding of this one, I obviously know a lot more than I'm letting on here but this thread .
    So, what are you keeping secret and why ?

  9. #84
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    Quote Originally Posted by crepitas
    You could buy the house in her name and send a stipend if indeed you care that much...perhaps a lot quicker and cheaper than relying on the litigation route?

  10. #85
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    Quote Originally Posted by crepitas View Post
    Whoa! Let us just back a bit here…
    Ex wife or GF
    Ex wife legally divorced

    (you have not told us. Legally divorced? Other details you have withheld by your own admission?) She has contacted you re her plight as to accommodation and the fate of her kids by a common law husband?
    Details omitted are of a type that would make your toes curl and as I've already stated this is not about demonising him.

    Does she perhaps view you as a source of a cash solution?
    No I've nothing to give her

    Obviously your ex views you as a softy who cares about and empathizes with her plight and someone else’s kids.
    Yes I'm a decent human being


    She got herself into this predicament...up to her to get herself out methinks?
    A very old story in Thailand and elsewhere…why do you care maybe a relevant question?
    She did not get herself into this situation, maybe you read the thread


    You could buy the house in her name and send a stipend if indeed you care that much...perhaps a lot quicker and cheaper than relying on the litigation route?
    I said I'm a decent human being not a stupid human being

    Quote Originally Posted by Fluke View Post
    So, what are you keeping secret and why ?
    I like wearing a tutu and dancing around shouting "I'm a fairy a beautiful fairy". It gets me into trouble sometimes

  11. #86
    I am in Jail

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    What are you keeping secret about this story ?

  12. #87
    I am in Jail

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    Stinky so has the women started to do anything yet.?

  13. #88
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    Yes mate it's in hand

  14. #89
    I am in Jail

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    So tell us.

  15. #90
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    Yes, don't give us half a story.

  16. #91
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    The monks have been consulted and oracles read, next full moon a chicken will be slaughter for luck. Not the chickens luck of course.

  17. #92
    Thailand Expat Black Heart's Avatar
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    Quote Originally Posted by Stinky View Post
    Quote Originally Posted by Black Heart View Post

    but there must be SOMETHING more to this story as for the REASON.

    Unless he's just an awful person.
    There usually is two sides to a story and I think I've a reasonable understanding of this one, I obviously know a lot more than I'm letting on here but this thread was never about demonising him for past transgressions, just looking for advice.
    Well, it is anonymous,

    so if you want to give us more confidential info (anonymous still) it would help understand the situation.

  18. #93
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    I think 'stink' has more than enough info to direct his ex to the correct path goin' forward in her and the children's plight.

    Now it remains to be seen if she'll do any one of the good suggestions offered out or do nothing but bemoan her bad luck.. My money's on the latter.

    A lynchin', jesus h christ, you guys are rich..

    How about goin' to lynch the thai guy who knocked up your thai wife and left her with sprogs before you met her and which you're now raising as your own while he contributes f-all to their upbringing?

    That'd be the person to go after I'd imagine, not some random white guy, who you don't know from Somchai and has no impact on your life, no matter how un-redeeming his actions may be.

    Or does that observation hit too close to home for you people?

  19. #94
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    Quote Originally Posted by toddaniels
    Simply being listed as the father on the thai birth certificate is enough for a foreigner to get passports and nationality for children (although we don't know if he did this or not). Doing that still doesn't make him the "legally recognized" father with the rights and/or responsibilities here in thailand. That hasta be done in family court..
    Yup. Been through that. Wrote up every step in real time on Teakdoor.com. Described the process as it happened while it was happening and translated every step from Thai to English while it was happening to me. This being TD most called me a liar, some told me I was insane, and a few pm'd me with threats to rape my children. I deleted what I was stupid enough to think was a useful thread. If you'll take my advice Todd you won't tell these fuckups anything, they're not capable of understanding it.

  20. #95
    euston has flown

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    ^I would like to call you out for bullshitting, but unfortunately what you say is all to believable

  21. #96
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    I have gone round and round about this with foreigners who have half-thai kids with their thai significant other and/or thai wife.

    They're adamant that just because they're listed as the father on the birth certificate and got their kids passports along with a suitable for framing "certificate of birth abroad" from their country that they are the legally recognized father and have the parental rights here in thailand. <- NOTE the last 3 words of that sentence.

    Nothing could be further from the truth. No matter what the laws in your country say about this, first off, you ain't in your country you're here in thailand. Stop comparing a first world country's laws to those in a developing third world one. Those are apples to jackfruit.

    There is a very clearly defined procedure which couples do in family court to get the person listed as the father on the birth certificate to be the legally recognized father here in Thailand. It is NOT perilous, it is NOT that complicated (as far as thai bureaucracy is concerned) and it is straightforward, especially if the mother buys into it from the get go too. It's just time consuming because of the snail's pace the courts work at..

    Despite the nay-sayers who spout out "thai courts are skewed towards thais", family court is pretty darned impartial concerning the welfare of the child in question. I know several foreigners who have sole custody of their half thai child and the mother has NO rights at all. This was granted in family court when it became apparent leaving the child with the mother or worse yet, in some one buffalo village in Nakhon Nowhere with the child's thai grandmother wasn't in the child's best interest.

    Now there are steps that stinky's ex could take in family court to get her 'soon to be ex' recognized as the legal father. As has already pointed out, this can be done even if the father doesn't want to be legally recognized. However, until she does that and as callous as it sounds, the truth of the matter is, she's got NO legal way to extract a baht in child support from the guy.

  22. #97
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    Quote Originally Posted by Horatio Hornblower
    Child Support for Illegitimate Child

    When a child is born out of marriage, the biological father of the child is not bound by law to pay for the financial support unless the legitimation of the child in Thailand issue is brought to the court; then the court will decide such issues concerning legitimation, child custody, and child support in the same case.

    I Am Residing Aboard And If I Do Not Comply With The Court Order, Will I Be Enforced To Pay For The Child Support?
    Just because the children are in Thailand would probably not stop the woman the OP was discussing from seeking recourse in a British Court, which would have the authority to garnish his pension.

    I've seen it done with Americans who fathered children in Mexico then abandoned them and returned to America. If he has abandoned the children and returned to Britain she actually needs to consult a British Attorney in Britain, or if she cannot afford one whatever type of legal aid for the indigent that exists there. It could all be done by phone and through an attorney and she would not likely even need to go there. If he denied being the father, the British Court could order the children blood tested (DNA) at the British Embassy.

    Granted I was an American lawyer and what I said is based on what a Court in California would do, but it's more than an 50/50 likelihood a British court works the same way. After all, we got our legal system from the British.

    He'd be issued an "order to show cause" why he should not be ordered to pay, and if he could not show a reason a child support order would be issued. His location is no problem since his assets are likely in Britain, and if he violated the order his income would be garnished.

    Life's not fair sometimes, but a competent British lawyer could likely get child support for her if she can find one willing to help.

    American and likely British courts are very serious about fathers supporting the children they father. He would not get much sympathy from a judge if he did abandon his children here. The World's just not that big any longer that you can run away from debts and obligations.

    The British Embassy in Bangkok might be willing to help her or at least put her in contact with a British Family Law Lawyer who could give her sound advice.
    Last edited by BobR; 23-06-2015 at 10:11 AM.

  23. #98
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    Quote Originally Posted by toddaniels
    They're adamant that just because they're listed as the father on the birth certificate and got their kids passports along with a suitable for framing "certificate of birth abroad" from their country that they are the legally recognized father and have the parental rights here in thailand. <- NOTE the last 3 words of that sentence.

    Nothing could be further from the truth. No matter what the laws in your country say about this, first off, you ain't in your country you're here in thailand. Stop comparing a first world country's laws to those in a developing third world one. Those are apples to jackfruit.
    going to disagree on that one to some extent, a foreign born child, Thai mother, should and would need to register the birth at the Thai embassy.
    A Thai birth certificate will then be issued, you need this to get the kids a Thai passport, or they are not Thai.
    On my kids [Australian] my name as the father is listed and they have my last name on the Thai birth certificates, my name is on their Thai passports and all other related documents, no need to do anything more.

    If you follow the rules from the start, fewer problems down the road, if anything, it would be my wife who would have trouble proving parentage. As posted on another threat, she kept her Thai maiden name in Thailand, but uses her married name in Australia.

  24. #99
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    ^Sorry I wasn't clear on that I mean foreign/thai kids born HERE inside thailand.

    They'll already have a thai birth certificate (being born inside thailand) listing the foreigner as the father and that's what 'said foreigner' uses to get the kids his nationality and a passport for his country.

    But doing that doesn't recognize the foreign father as having legal rights to the kids (whether he's married to his thai wife or not). Unless I'm mistaken 100% of those rights lies with the mother, (even if the father is thai too!), until it goes to family court to split or change it.

    Dunno anything about half-thai kids born abroad, so I'll take what you say at face value, james...

  25. #100
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    Okay, BobR; While that's anecdotally good information.

    Unless I'm mistaken NEITHER the US Embassy nor the UK Embassy here will touch stuff like that, even with a long stick. They just don't get involved with it.

    Please enlighten me (as I'm quite thick), how is a thai (who, if I had to bet, I'd wager possesses marginal engrish skills, IF that) gonna contact a solicitor in England, explain what's what and then initiate a child support law suit against said father where the solicitor gets paid at the end?

    There's a better chance I'm gonna start shittin' gold bars tomorrow!

    Just to humor you, I'll check the commode in the morning...

    Sheesh, some of the stuff you people post is just mind-wobbling or at least it makes my mind wobble.

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