#  >  > Living And Legal Affairs In Thailand >  >  > Doing Things Legally >  >  Abandoning Thai kids

## Stinky

My ex has called me in some distress, apparently her boyfriend of three years is selling the house and coming back to Blighty.
They have two small girls 2 and 3 years old who he has said he will abandon leaving all of them all homeless and without any financial support from him whatsoever. 
They never ratified the Buddhist marriage at the town hall can so I need to know if can he just do this or does he have any legal responsibility to the kids and the gf?
She is nurse so does earn some money but that's besides the point.
There has been no infidelity on her part.
Thanks.

----------


## Horatio Hornblower

Do they own a condo or house,if its a house and not in his name he's got no chance, she should go get legal advice quickly and kick the fucker out of house.

----------


## Stinky

> Do they own a condo or house,if its a house and not in his name he's got no chance.


A house that he bought before they met

----------


## Horatio Hornblower

He bought don't make sense is it in company name.?

----------


## Stinky

I dont know anything about how he bought the house? I'll ask her

----------


## Horatio Hornblower

The Thais courts have offices that give free legal advice to Thais,can't remember the name of office.

James Mc knows a lot about this business.

----------


## Stinky

Thanks, I was under the impression that the local town hall gives this kind of advice?

----------


## Davis Knowlton

I fear that if he is a Brit, not married to her, and simply gets on a plane home with no intention of returning to Thailand, she will have a very hard time getting any money out of him. Even if his name is on the birth certificates, a fight for child support involving two countries will be near impossible.

If he is willing to abandon his children without looking back, I fear all she can do is wait for the fires of hell to consume him.

----------


## Stinky

I understand that Davis and thats exactly what he intends. As of now she is living in the house but he wants her out so he can sell it, I dont know if he can do that or if he has legal responsibilities?

----------


## Davis Knowlton

^That I don't know. I wish her all the best.

----------


## Horatio Hornblower

There's a squatters rights law in Thailand i believe,don't know how it works.

----------


## Stinky

I don't think she should have to squat in her home but thanks again. Ive told her not leave or that would mean she's made herself homeless, if he throws her out thats a different story and legally she might have a chance.

----------


## Kurgen

He sounds like a right cnut.

Name and shame him.

----------


## nidhogg

> her boyfriend of three years 
> 
> They have two small girls 2 and 3 years


Either my maths or my human biology is severly f*cked.  not sure which.

Sorry, apart from that observation, nothing to add, except that there is probably a special place in hell being prepared for him....

----------


## Iceman123

> He sounds like a right cnut.
> 
> Name and shame him.


I thought you knew, Shanks is Abby!

----------


## Horatio Hornblower

Stinky is your kid(s) by the same Mum.?

----------


## Stinky

> Stinky is your kid(s) by the same Mum.?


Yes I have one kid by her and he's here with me.

Shanks would be really pissed off if he knew that we had him before we even met.

----------


## nidhogg

> we had him before we even met.


Cool trick.

----------


## buriramboy

Can't she just arrange an unfortunate accident for him?

----------


## Stinky

> Originally Posted by Stinky
> 
> 
>  we had him before we even met.
> 
> 
> Cool trick.


We thought so 




> Can't she just arrange an unfortunate accident for him?


She's a nurse so kind of the opposite to what she's used to

----------


## Horatio Hornblower

Get the kids to visit someone change the locks on doors, put up notice of your intention and inform the local cops he going to abandon his kids, there'll sort it out for her.

----------


## Stinky

> Get the kids to visit someone change the locks on doors, put up notice of your intention and inform the local cops he going to abandon his kids, there'll sort it out for her.


I told her that already.

----------


## buriramboy

> Originally Posted by nidhogg
> 
> 
> 
> 
> 
> 
> 
>  Originally Posted by Stinky
> ...


Easy access to drugs..........But on a more serious note do the kids have British passports, I'm presuming not as harder to get although not impossible if not married as if they did obviously no visa required for them to visit Blighty and her being a nurse in full time employment could get a tourist visa no problem then fly to Blighty and fuk him up through the courts once he returns. Also is she in contact with the blokes family back in the UK if she is tell her to phone/email them and tell them what a cnut he is and maybe they will put pressure on him to do the right thing.

----------


## Stinky

> Originally Posted by Stinky
> 
> 
> 
> She's a nurse so kind of the opposite to what she's used to
> 
> 
> Easy access to drugs..........But on a more serious note do the kids have British passports


The kids have been to Blighty so I'm assuming that they do have passports. As for his family I think that they will side with him whatever he does, they were never too happy with her for eke reason.

----------


## buriramboy

How about she lets him take the kids back to the UK, then she follows and says he kidnapped them etc etc. get the press involved and fuk him up proper.

----------


## Stinky

> So your kid's from a broken home,


Yes the brakes failed!




> your ex then went on to have two more kids that are now from a broken home.


It happens a lot in Thailand, brake failure that is. 





> And you're here making jokes about it on a forum. You should be real proud of yourself.


Only about you  :Smile:

----------


## Stinky

> How about she lets him take the kids back to the UK, then she follows and says he kidnapped them etc etc. get the press involved and fuk him up proper.


The guy is abandoning the kids too so that's not happening

----------


## hazz

unfortunatly thiland is not on the remo list so there is not reciplical arrangment to enforce support orders between thailand and the UK. So its down to thai laws covering unmarried couples... I suspect the outlook in grim.... given that freedom in thailand seems to revolve around the freedom to avoid ones responsibilities and behave like a  selfish cnut


I suspect backmail is the only option. being leverage that might get him to do the right thing.... has he done anything legally gray or worse....

if anyone has dealings with the wimboldon temple in london. there is battleaxo there called ludderwan who has a particualr passion for making bits pulling off this stunt in the uk... pay their due's. if anyone knows wjat shge could do.... she would be a good start, if she is still arround.

----------


## buriramboy

> Originally Posted by buriramboy
> 
> 
> How about she lets him take the kids back to the UK, then she follows and says he kidnapped them etc etc. get the press involved and fuk him up proper.
> 
> 
> The guy is abandoning the kids too so that's not happening


She's going to have to think outside the box and do something inventive as basically once the guy is back in the UK there is next to fuk all she can do. He ain't playing by the rules of common decency so why should she?

----------


## Stinky

> unfortunatly thiland is not on the remo list so there is not reciplical arrangment to enforce support orders between thailand and the UK. So its down to thai laws covering unmarried couples... I suspect the outlook in grim.... given that freedom in thailand seems to revolve around the freedom to avoid ones responsibilities and behave like a  selfish cnut
> 
> 
> I suspect backmail is the only option. being leverage that might get him to do the right thing.... has he done anything legally gray or worse....


I don't know about any wrong doings he might have been up to but it a long shot as he already earns a decent living so has no need to thieve and his drug of choice is booze.

----------


## Horatio Hornblower

Just get her to get legal advice now, he's fucked they won't let him sell home with kids involved,if she don't have a legal right to home they have.

----------


## Stinky

> She's going to have to think outside the box and do something inventive as basically once the guy is back in the UK there is next to fuk all she can do. He ain't playing by the rules of common decency so why should she?


She doesn't have it in her to get up to anything like dishonest, she's a very decent woman, or naive depending on your viewpoint .

----------


## Fluke

> unfortunatly thiland is not on the remo list so there is not reciplical arrangment to enforce support orders between thailand and the UK. So its down to thai laws covering unmarried couples... I suspect the outlook in grim.... given that freedom in thailand seems to revolve around the freedom to avoid ones responsibilities and behave like a  selfish cnut


   He will be living in the UK . So the REMO ruling will not apply .
Get his address in the UK and apply for child maintenance through the UK Courts .

----------


## hazz

Lets not forget about that chemical engineer chap that got trapped in thailand on bail for a couple of years because a landlord made a rather frivvless complaint about him to the police.

faced with a multi year delay on his return to blity... he might decide to be more reasonable.






> She doesn't have it in her to get up to anything  like dishonest, she's a very decent woman, or naive depending on your  viewpoint .


and if he is a bit of a hard cor drinker, then she does not necessarily need to be dishonest. has he ever damaged/broken any of her property? thats all that necessary

----------


## hazz

> Originally Posted by hazz
> 
> 
> unfortunatly thiland is not on the remo list so there is not reciplical arrangment to enforce support orders between thailand and the UK. So its down to thai laws covering unmarried couples... I suspect the outlook in grim.... given that freedom in thailand seems to revolve around the freedom to avoid ones responsibilities and behave like a  selfish cnut
> 
> 
> 
>    He will be living in the UK . So the REMO ruling will not apply .
> Get his address in the UK and apply for child maintenance through the UK Courts .



its a reciprocal agreement between countries agreeing to enforce eachothers court orders in their own country.  Its what the  R is for.... reciprical. 

So if thailand was a signatory you would be able to enforce a thai court decision in the uk and have the uk government help enforce it.

----------


## Horatio Hornblower

Tell her to ring the number in link.

Its the attorney generals office.

ÊÓ¹Ñ¡§Ò¹ÍÑÂ¡ÒÃÊÙ§ÊØ´ Office of The Attorney General : :

----------


## Fluke

> Originally Posted by Fluke
> 
> 
> 
> 
> 
> 
> 
>  Originally Posted by hazz
> ...


  Yes, but if She went through the UK Courts and got a ruling there in the UK , REMO wouldnt be necessary

----------


## Stinky

> Tell her to ring the number in link.
> 
> Its the attorney generals office.
> 
> ÊÓ¹Ñ¡§Ò¹ÍÑÂ¡ÒÃÊÙ§ÊØ´ Office of The Attorney General : :


Thanks H I'll do that

----------


## Fluke

https://www.gov.uk/child-maintenance...ives-in-the-uk

----------


## Stinky

> Yes, but if She went through the UK Courts and got a ruling there in the UK , REMO wouldnt be necessary


She can do this as a foriegn national?

----------


## hazz

^^that might be an option too. but somewhat hard given the cost of uk lawyers and the know your client laws they have to work with.

----------


## Horatio Hornblower

Just one more thing stinky, make sure its him making the threats,I've heard of many Thai women make threats about leaving there kids.

----------


## Horatio Hornblower

Not easy, she has to appear in person.





> Originally Posted by Fluke
> 
> 
> 
>   Yes, but if She went through the UK Courts and got a ruling there in the UK , REMO wouldnt be necessary
> 
> 
> She can do this as a foriegn national?

----------


## Stinky

> Just one more thing stinky, make sure its him making the threats,I've heard of many Thai women make threats about leaving there kids.


It's him alright H, this has been coming for a long time I just never thought he'd abandon his kids. Some people aren't wired right.

----------


## Fluke

> Originally Posted by Fluke
> 
> 
> 
>   Yes, but if She went through the UK Courts and got a ruling there in the UK , REMO wouldnt be necessary
> 
> 
> She can do this as a foriegn national?


   Yes . A freind was in a similar situation and I E-mailed the UK Child support agency and they replied saying that I need his home address and NI number

----------


## Stinky

> Yes . A freind was in a similar situation and I E-mailed the UK Child support agency and they replied saying that I need his home address and NI number


Sounds promising, thx

----------


## jamescollister

Stinky,you may want to have a google on Joe the turkey farmer, while ago now, but the UK sent out DHSS people to Thailand to look for assets.
Can't remember the sad saga to well, but UK family courts were dealing with maintenance as the kids were citizens by birth.
Think the mother took them to the UK and social services took over.
Worth a look, from menory went poorly for the father.

----------


## Stinky

> Stinky,you may want to have a google on Joe the turkey farmer, while ago now, but the UK sent out DHSS people to Thailand to look for assets.
> Can't remember the sad saga to well, but UK family courts were dealing with maintenance as the kids were citizens by birth.
> Think the mother took them to the UK and social services took over.
> Worth a look, from menory went poorly for the father.


Thx bud I'll have a look  :Smile:

----------


## Fluke

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?

Yes. If you have the property in Thailand, the court will order to seize your property and have them sold on the auction; then the proceeds from the auction will be paid for the child support. However, if you do not have any property in Thailand, Thai court will work cooperatively with the court where your property is located to seize your property and sell them for the child support payments.

----------


## terry57

> My ex has called me in some distress, apparently her boyfriend of three years is selling the house and coming back to Blighty.



This is the part that interests me.

Now we all know us farang can not own a house and land but we can gain a Usufruct which gives us legal rights to occupy and use the house and land. 

My question being,  if I as the owner of the usufruct want to sell the house who the fuck would actually want to buy it ?

No Thai would Buy it I imagine and it would be a hard sell trying to get some shitty arse farang to buy it. 

If I was this girl I would be telling him to fuk off and just stay put in the house. 

Short of that I would get the local boys to top him and just bury him down the back somewhere.

Can't see how he can hold her to anything regards this house. ???

Very interesting situation though, be nice to see how it all pans out.  

Not taking sides though as she could be a complete coont and him also. 

Just a very interesting situation.

Thai versus farang, Who will win ?

----------


## hazz

^^
Maybe I am being thick here.

but my interpretation on this, is you can go to court to determine if the child if the legitimate child of the father. if the court decides yes, then it can issue suport orders






> Originally Posted by Stinky
> 
> 
> 
> 
> 
> 
> 
>  Originally Posted by Fluke
> ...


sweet

^
As you say, you can see why thie situation in thailand leads to people looking for their own justice with a stick and spade.

----------


## Stinky

> My question being,  if I as the owner of the usufruct want to sell the house who the fuck would actually want to buy it ?


I'm thinking he just going to sell within his English family or one of his mates, the father stays often Thailand so he would be my first suspect.




> If I was this girl I would be telling him to fuk off and just stay put in the house.


That's what I said.

----------


## Chittychangchang

She needs to change the locks and kick him out, end of story.

And on his way out the door hand him a notification off assessment letter from the UK Child Support Agency.

----------


## terry57

Once again not taking sides here but being in possession of the property is 9/10th's of the law as they say.  

She must have family contacts that will support her I imagine ? very rarely will a Farang have a Thai evicted out of a house especially when two kids are involved.

First move is to change the locks and get the filth on side. 

I would be playing him at his game but maybe this girl ain't the sort to play hard ball. 

If she was a hard ball player he would have no chance of gaining fuk all.

----------


## jamescollister

> My question being, if I as the owner of the usufruct want to sell the house who the fuck would actually want to buy it ?


Wife can cancel it, up to one year after the divorce, or simply contact the tax department, it's a business contract, covered under duel taxation agreements.

She's in the house, without using heavies/force, she has a right to stay.

Strange enough, farang I know, mad as a cut snake, broke up with his wife, 4, 5 months ago, she left, big house just outside her village.
Her family are terrified of him, don't blame them, he won't back down, police involved, of course related to her family.
Local cops, civil matter, take it to court, local bad boys, piss there pants at the though of going at him.
She's back in Pattaya, gonna need a big wad of cash to hire a lawyer, or professional hit.

----------


## terry57

^

Yes well that may work for a while but when the big boys come to play he is down the road huh.

----------


## Neverna

I doubt if selling a home in Thailand is quick, but does your ex-wife have some reason to think it will be quick, Stinky? 

And is there anything stopping your ex-wife from renting a home? You say she has a job so she should be able to pay the rent - and perhaps she could persuade her partner to contribute something financially either regularly or in a lump sum in advance. 

It seems the relationship has broken down irretrievably so your ex-wife might as well try to make the best of it by some level headed negotiations that will help both her and the kids.

As a final roll of the dice, perhaps your ex-wife can even offer to buy the house (she has a job so she should be able to get a mortgage).

----------


## Stinky

^ 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.

----------


## jamescollister

> ^
> 
> Yes well that may work for a while but when the big boys come to play he is down the road huh.


This Thais are killers is well over rated, loan sharks don't get topped because some peon owes money.
If you can have someone killed for a few grand, you would borrow big time and have the guy [loan shark] wacked.
Hire some yabba head for cheap, he'll be caught, it's all a story, local legends.
Had a few run inns with the locals, gonna kill you, burn the factory down etc.
Crying like babies when the handcuffs went on.
Same anywhere, risk verses reward, killing a farang is a big risk, life in a shit hole Thai prison for a few Baht, or steal a motorbike or 2, same money.
She wants professional to go at him, she needs big bucks, probably more then the gain and who is the first person the cops will look at.
Her only real choice is the courts and that's not cheap, betting she thinks he will just pack up and leave, lonely life at the end of nowhere etc.

----------


## stroller

> unfortunatly thiland is not on the remo list so there is not reciplical arrangment to enforce support orders between thailand and the UK. So its down to thai laws covering unmarried couples... I suspect the outlook in grim.... given that freedom in thailand seems to revolve around the freedom to avoid ones responsibilities and behave like a  selfish cnut
> 
> ...


I looked into this years ago, since my (step)daughter never got a single Baht from her biological father (comfortable financially, address known).
Yes, apparently according to Thai law he had to pay child support, but... I was told it wasn't worth the trouble and expense, since it's very difficult and time consuming to enforce payments.




> There's a squatters rights law in Thailand i believe,don't know how it works.


Even better if she's registered for the electoral role on the property, then she'd have a good chance of delaying eviction with lengthy proceedings on his shoulders.

----------


## Horatio Hornblower

Neverna 

out of interest why should the woman negotiate at all he has bore two children by her,its his responsibilty to take care of his children,its already been stated he's doing a runner.?




> I doubt if selling a home in Thailand is quick, but does your ex-wife have some reason to think it will be quick, Stinky? 
> 
> And is there anything stopping your ex-wife from renting a home? You say she has a job so she should be able to pay the rent - and perhaps she could persuade her partner to contribute something financially either regularly or in a lump sum in advance. 
> 
> It seems the relationship has broken down irretrievably so your ex-wife might as well try to make the best of it by some level headed negotiations that will help both her and the kids.
> 
> As a final roll of the dice, perhaps your ex-wife can even offer to buy the house (she has a job so she should be able to get a mortgage).

----------


## nidhogg

> he's washing his hands of them all.


On reflection, tis a strange thing.  I know it does happen, but I just can't help but wonder if there is a bit more to the story.

----------


## kingwilly

> Originally Posted by Stinky
> 
> 
>  he's washing his hands of them all.
> 
> 
> On reflection, tis a strange thing.  I know it does happen, but I just can't help but wonder if there is a bit more to the story.


I am certain there is always two sides to every story. However,  for the sake of peace tis better to take this thread as it is.

----------


## Happy As Larry

If it is not a legal marriage then it is my understanding the Thai male has no legal  obligations or rights under Thai law.
He is not responsible for financial support to the Thai 'wife' and or children of the relationship neither does he have any status as guardian of any children. This all falls to the woman.
I do not see it as any different if a foreigner is in the mix

----------


## toddaniels

Not all that up on how thai law regarding child support really works there are you Horatio? Ask jamescollister to rip and post the engrish for you..  

It's far from a shoe in for her to get a satang from him in support. Given the rank-n-file thais complete and abject fear (aka; phobia) of anything to do with the court system and/or thai officialdom, I doubt she's gonna ever man up enough to pursue this.

"Happy As Larry" pointed out, simply being listed on the birth certificate doesn't convey ANY parental rights to the father.. I think the pendulum would swing both ways and he'd also not be required to pay anything should he bail, especially so should he bug out of the country entirely.. 

Dunno, really but I'm sure james does.. :Smile:

----------


## VocalNeal

Doesn't Thailand have common law marriage or something similar. It is my impression that they do?

The key is exactly who owns the house. If it is nominee or something then there might be some wiggle room. If it is a business and as he is not American then 51% of the business, etc..

The local government office should be able to tell, who exactly owns it.

----------


## Happy As Larry

> inform the local cops he going to abandon his kids, there'll sort it out for her.


I doubt that the police would get involved it being a domestic. This is Thailand.

Thai fathers abandon children on a regular basis. I do not believe there is any legal recourse unless they are *officially* married

----------


## Loy Toy

> He sounds like a right cnut.
> 
> Name and shame him.


Without knowing the whole story yes he does sound like a heartless bastard.

I feel for her mate and hope for the children's sake he comes to his senses.

----------


## Loy Toy

Maybe report the situation to the British Embassy.

Quite possibly, and if she can proove he is their biological father British law may rule he is legally and financially responsible for the children's upbringing.

Fingers crossed mate.

----------


## Stinky

> On reflection, tis a strange thing.  I know it does happen, but I just can't help but wonder if there is a bit more to the story.


I'm not there mate but I'm happy to take it as is, it's been building up for some time and we're in regular communication so I did see the break up coming, I just never expected it to go down like this.




> Without knowing the whole story yes he does sound like a heartless bastard.
> 
> I feel for her mate and hope for the children's sake he comes to his senses.


I hope so too mate, I've been where he is so I know that irrationality can overwhelm the senses at first, I can understand that he doesn't her to have anything but focusing on that is stopping him seeing his kids needs.

----------


## Horatio Hornblower

Daniels does being a wanker come naturally to you,or do you work at it.?

Under Thai law if she goes to the courts the father could have his home seized and sold to pay child support.

We have been making suggestions for her benefit,though as usual  you know it all though contradict yourself in your own post.

So come on Toddy give us your professional opinion does she have the law on her side or not.? :rofl: 






> Not all that up on how thai law regarding child support really works there are you Horatio? Ask jamescollister to rip and post the engrish for you..  
> 
> It's far from a shoe in for her to get a satang from him in support. Given the rank-n-file thais complete and abject fear (aka; phobia) of anything to do with the court system and/or thai officialdom, I doubt she's gonna ever man up enough to pursue this.
> 
> "Happy As Larry" pointed out, simply being listed on the birth certificate doesn't convey ANY parental rights to the father.. I think the pendulum would swing both ways and he'd also not be required to pay anything should he bail, especially so should he bug out of the country entirely.. 
> 
> Dunno, really but I'm sure james does..

----------


## Happy As Larry

I don't know if this has already been offered as a resource which may assist.

Thailand Child Support| Child Support Thailand Lawyer| Thai Child Support Law

----------


## Stinky

Thx Larry anything that can help is appreciated  :Smile:

----------


## 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?

Yes. If you have the property in Thailand, the court will order to seize your property and have them sold on the auction; then the proceeds from the auction will be paid for the child support. However, if you do not have any property in Thailand, Thai court will work cooperatively with the court where your property is located to seize your property and sell them for the child support payments.

I Denied Paying Child Support In Thailand, And Currently My Property Is Seized By The Court Order, And It Is On The Auction?

To have your property returned, you have to settle the child support payment first, and once the payment is sufficiently paid or settled in writing agreement, the lawyer of your child will file a petition to the court for releasing your property from the auction.

taken from siamlegal

----------


## toddaniels

> Dunno, really but I'm sure james does..


^
Missed that part of my post in your rush to castigate (castrate) me, did you H/H? WOW, you can rip stuff off the inter-web too huh? Givin' james a run for his money are you? 

Christ she ain't the first thai woman who got pregnant by a foreigner who then subsequently cut-n-run or bailed out leaving the thai and the kids high and dry.. I doubt she'd even contemplate throwing good money after bad (in thai eyes) pursuing this in the court system.. 

I think that's bluster ripped off Siam Legal's site where they say they'll work with the courts in the father's country. Either that or it'd cost a chunk of change up front to push thru. 

However I do concur, just being on the birth certificate (even if the kids hold passports from his country) ain't enough in the eyes of thai officialdom to make him pay. <- Which is what I thought I mighta said earlier. It'd have to go thru the courts to recognize him as the father with parental rights and thereby the financial responsibilities that might entail.

I dunno either of the people in question from Somchai the Soi Side Ya-Dong seller. I'm just sayin' what I've read, thought and surmised on the subject.

I'll admit it sounds like it's goin' down bad for the kids, but as stinky said this was a while comin'.. 

It would appear typical thai fashion, no one decided to be proactive about the impending end of the relationship. Instead they waited until it happened and now they're tryin' to pull some knee-jerk reaction outta the hat.

Man you guys are a tough crowd..  You almost hurt my feelings.

----------


## jamescollister

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.

----------


## Black Heart

> ^ 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.

----------


## Stinky

> 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.

----------


## Evilbaz

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

----------


## Neverna

> he has acknowledged parentage by getting British passports for the kids


I don't think that is actually known for a fact, just assumed.

----------


## toddaniels

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..

----------


## crepitas

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?

----------


## Fluke

> 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 ?

----------


## kingwilly

> 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?


 :rofl:

----------


## Stinky

> 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?


 :rofl:  I said I'm a decent human being not a stupid human being




> 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  :Confused:

----------


## Fluke

What are you keeping secret about this story ?

----------


## Horatio Hornblower

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

----------


## Stinky

Yes mate it's in hand  :Smile:

----------


## Horatio Hornblower

So tell us.

----------


## Chittychangchang

Yes, don't give us half a story.

----------


## Stinky

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

----------


## Black Heart

> Originally Posted by Black Heart
> 
> 
> 
> 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.

----------


## toddaniels

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? :Smile:

----------


## DrB0b

> 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.

----------


## hazz

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

----------


## toddaniels

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.

----------


## BobR

> 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.

----------


## jamescollister

> 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.

----------


## toddaniels

^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...

----------


## toddaniels

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.

----------


## GoldieNonce

"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? "

Haven't you heard of interpreters ?

----------


## buriramboy

> 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...
> ...


From a UK perspective the said woman would first have to get her ass to the UK then she'd have every lefty organisation going batting for her (nothing wrong with that if the story is as the op tells it), but she's fucked trying anything in Thailand via the UK embassy.

----------


## Dragonfly94

How could anyone abandon 2 little kids? maybe this woman is impossible to live with for some reason?

----------


## Stinky

> "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? "
> 
> Haven't you heard of interpreters ?


She's a professional lady who speaks fluent English, I'm sure she'll muddle through somehow.

----------


## BobR

> 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...
> ...


That's right you just assume it can't be done and don't even try.  What law school did you go to?  Child support is enforced internationally and has been for years. It's just a matter of getting an award in a Court that has jurisdiction over the non-custodial father or his source of income or assets.

Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
https://en.wikipedia.org/wiki/Hague_...ly_Maintenance

----------


## Happy As Larry

> 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.


I too went through this procedure and posted about it somewhere on Teakdoor. Before commencing the process I read DrB0b's thread. It was helpful.
Being named on the birth certificate counts for nothing. I was lucky in that my partnerr and I were in agreement with what I was seeking and my only aim was to protect my children should anything happen to their mother.
The process was quite painless and not too costly- yes it is possible to do it yourself.

----------


## Stinky

The matter is now in the hands of  solicitors who have a track record of bringing errant farang fathers to court, as the children are fully legitimized they expect no problems getting a favourable result in the UK courts

----------


## BobR

> The matter is now in the hands of  solicitors who have a track record of bringing errant farang fathers to court, as the children are fully legitimized they expect no problems getting a favourable result in the UK courts


Glad to hear it, good luck to her, and as I wrote before, I'm not surprised the UK Courts will help her.

----------


## Dillinger

> How could anyone abandon 2 little kids?


Imagine Todd Daniel twinzzz

----------

