Can a mother take a child abroad to live without the fathers consent?

Farside

Sorry i can't reply to my pm's people, i replied to one and now i keep getting a message saying i cannot reply to anymore within 60 minutes.

Valli

Farside wrote: »

Sorry i can't reply to my pm's people, i replied to one and now i keep getting a message saying i cannot reply to anymore within 60 minutes.

That's because you're new to the forum.
Best of luck with it all.

Mrs.W_2

If you have all the necessary documents and information, there is nothing stopping you from applying for a passport for your child.

Though I truly hope you'll be able to talk through this situation with your ex-partner.

Savvy_Sue

Farside wrote: »

She's been here since January 2009 so settling in shouldn't really be an issue now i'd have thought.

She has a very young baby. Has it occurred to you that she may be depressed and homesick? When did the relationship break down? Have her family seen the baby?

daska

A prohibited steps order does not confer powers on the police if you're worried about her abducting him. Read the Reunite info:

CHILD ABDUCTION PREVENTION GUIDE FOR ENGLAND & WALES

clearingout

Living abroad, away from friends and families and in a very, very different culture is incredibly difficult. Add a baby into that and a failing relationship and she must be feeling awful.

Whilst I agree with the idea of getting a Prohibitive Steps Order, you must understand that once the courts get involved, there will be no going back and your relationship with your wife will become incredibly difficult and will likely never recover. The simple fact of the matter is you married a Thai woman and had children with her - there was always going to be a need for your children to know their extended family and have a good understanding of their mother's culture, country and language. With that in mind, how are you going to move this forwards?

My ex dragged me through court for residence of our children - it is a long story and the long and short is that our on-going relationship is damaged beyond any reasonable repair. And we don't have the added issue of family at opposite ends of the world. Mediation would be a starting point and so would looking at your living arrangements and working out how you're both going to live into the future. If you are in an area where there is no one your wife is able to culturally identify with, is a move to a bigger town or city possible? Are her language skills an issue - can they be overcome with language classes? Would she be supported into voluntary work and then paid employment if she is not working? Being stuck at home with a baby isn't for everyone but it can be hard to work out how to make it all 'fit'. Rather than pit yourself against her, is there a way of working together?

You have a bigger picture to consider - if you drag this to court (and I understand your reasons for wanting that), you have to accept that a judge is unlikely to say she has to have no quality of life at the expense of your son's relationship with you. I don't personally think a judge will separate such a young child from it's mother which is something you need to bear in mind - if she really is unhappy here, she may well get leave to remove. If you come out fighting, she can fight too. There is a balance that needs to be found and a judge who doesn't know either of you will be the one making that decision. If you can avoid that and find a solution that works for both of you, things would be a whole lot better for all three of you into the future.

macman

Farside wrote: »

No my son does not have a passport yet, He'd need to get one if he was to go with his mum. Luckily he can not go on her passport, they changed this rule a while back i think. So he'd defo have to get his own.

And how do you know for sure that your wife has not already got him a passport?

daska

You may want to read this thread:

https://forums.moneysavingexpert.com/discussion/comment/55979925#Comment_55979925

marisco_2

I would urge you to try and talk this through with your wife. See if there is any way you two can find a workable compromise. By law she is not meant to take your child abroad permanently without your permission. However if you handle this the wrong way she may bulk and leave the country fast. Trying to get your son returned to you in the UK would then be a huge battle.

Speak with a solicitor if all else fails and I believe they can raise a legal document that prevents your son being taken from the UK. I feel for you, what an awful position to be in.

macman

And note that the 1980 Hague Convention on the Civil Aspects of Child Abduction does not yet operate between the UK and Thailand, although Thailand has signed the treaty. So if your wife does remove your son, no criminal act has taken place under Thai law and your only remedy would be a civil action in the Thai courts.
http://thailand-uk.com/forums/showthread.php?14147-Parental-Child-Abduction-The-UK-and-Thail-Law