Thai Court Order of Sole Custody in liu of Statement of Consent from biological parent

[Ning 619]

I respectfully disagree about some of this. It has everything to do with U S policies. This seems to have changed after the situation with the Cuban boy Elian Gonzales in Florida and the attempt to remove the children from Haiti a few years back. Shorty before that my husband & I were successful in getting our daughters visa with none of the requirements we see today.

I think you are correct and I have sent a P M to them asking for help. They have a lot of good experience and invaluable advise.

I found the following from a Rin & John post:

Direct from the U S embassy

IF YOUR CHILD IS UNDER 18 YEARS OLD

For all children under 18 years old whether traveling with a parent applicant or following to join later, proof of permanent sole legal custody or parental permission to emigrate is needed at the time of the child’s application. This requirement can be met by providing one of the following:

1. Original or certified copy of documentation proving that the traveling parent has permanent, sole, absolute legal custody of the child with no other person sharing legal rights of parental control over the child.

2. An original official statement from the

An original official statement from the non-traveling parent granting permission for each child to emigrate and live permanently in the United States (please see sample statement below.) The statement must be signed at a Thai district office or the U.S. Embassy (at the time of the interview) and be accompanied by a signed copy of the non-traveling parent’s ID card. If the parent has changed any of his/her names since the child was born, he or she must also provide certified copies of official name change certificates

[Bennett Family 0]

Ok, thanks Ning. With 3 apparent sightings of the fabled Thai Court Order known, perhaps we might finally be able to capture one for display here on VisaJourney. An analysis and dissection of an actual successful case would be a great learning tool for future couples.

From 1) above:

1. Original or certified copy of documentation proving that the traveling parent has permanent, sole, absolute legal custody of the child with no other person sharing legal rights of parental control over the child.

Well this sounds exactly like the custody statements that Thailand already grants (and which my wife has obtained) but these certifications are not 'court orders' right? At any rate, the Embassy is not apparently not accepting them.

Edited March 26, 2013 by Bennett Family

[Ning 619]

Ok, so the main point is there any known example of a couple actually obtaining a bona-fide Thai Court Order satisfying the Embassy requirements?

If so, what were the step-by-step procedures followed?

I sent P M to member Juan & Nan. I think they have direct child custody experience. I asked them to respond to this post.

[Ning 619]

Ok, thanks Ning. With 3 apparent sightings of the fabled Thai Court Order known, perhaps we might finally be able to capture one for display here on VisaJourney. An analysis and dissection of an actual successful case would be a great learning tool for future couples.

From 1) above:

1. Original or certified copy of documentation proving that the traveling parent has permanent, sole, absolute legal custody of the child with no other person sharing legal rights of parental control over the child.

Well this sounds exactly like the custody statements that Thailand already grants (and which my wife has obtained) but these certifications are not 'court orders' right? At any rate, the Embassy is not apparently not accepting them.

I would try submitting a copy of what you have to the embassy asking if they will accept it in your upcoming case. Do you have at least two email addresses for them?

[Bennett Family 0]

I would try submitting a copy of what you have to the embassy asking if they will accept it in your upcoming case. Do you have at least two email addresses for them?

Yes, we will be submitting a copy of the child custody certificate that we have. I'm not sure whose email addresses you are referring to.

[Ning 619]

Yes, we will be submitting a copy of the child custody certificate that we have. I'm not sure whose email addresses you are referring to.

The embassy. They have at least two. The best one I know is visasbkk2@state.gov. Karee may remember it better than I. That one goes direct to an officer as far as I know. The other goes to the Thai staff for review.

Make sure you use the info I V inquiry in the subject line and include your case number if you have it. They usually say they don't " pre screen cases" but they may give you some insight just as they did in the examples I sent you from another case. Lets hope so.

[rin and john 71]

Sorry, don't think I can be of much help. When Rin and children were coming over (2007) I think the rules were different. All Rin had to do was go to the Amphur with two witnesses that would attest she was taking care of the children alone and that the father's whereabouts were unknown. The amphur issued a paper that was accepted by the embassy. Sometime I'm the last six years, the embassy changed the rules and required either a court order or a letter/appearance by the bio father before granting a visa for a child.

John

[Karee 4,190]

The embassy. They have at least two. The best one I know is visasbkk2@state.gov. Karee may remember it better than I. That one goes direct to an officer as far as I know. The other goes to the Thai staff for review.

Make sure you use the info I V inquiry in the subject line and include your case number if you have it. They usually say they don't " pre screen cases" but they may give you some insight just as they did in the examples I sent you from another case. Lets hope so.

Yes that's the one that worked for me. I've heard lately that this one is getting responses as well: visasbkkiv@state.gov

Subject line needs to be: IV Inquiry BNK201xxxxxxxx

[rin and john 71]

The OP may want to PM Bob to find info on a more recent case:

http://www.visajourney.com/forums/topic/398829-sole-custody-of-child/

[Bennett Family 0]

Status Report:

Thanks to the help of many on this forum, we've finally made some initial progress. My wife now feels confident that she has figured out exactly what she needs to get from the Thai Family Court and well as how to go about it. We've been in contact with a few local attorneys and should be filing the correct papers soon. Not sure how long everything will take, perhaps a few months.

We hope to share step-by-step instructions after we have finished on this forum. In the meantime, if anyone in a similar situation has any questions, please PM me and we'll try to share what we know.

[alexbrixie 3]

I have this document in my possession, it is real. As to weather it will work is a different story. My wife was never married and the father took off after 6 months. My step daughter is 6. We found him and he agreed to sign. When notary showed up in rio et he demanded 1,000,000 baht. Lawyer said it would cost 150,000 baht to go through the courts and take a year. My wife calls me and says she ill handle it without lawyer. 2 weeks later she emails me copy of my step daughters passport. She paid 150 baht and went to amphur with her mother and aunt. Gets document stating they lived together common law but were never married and that he failed to register child and never claimed him as his own. Therefore my wife has sole custody and has ability to make all decision. I was completely shocked . The passport has been issued and can't be issued per the Thai passport website without both parents consent or a court order. My document is with nvc right now so I can't show it to you, but believe me , I got it and its real. I'm awaiting completion at nvc . You will not get a straight answer from anybody. From what I understand its a case by case basis. I've been waiting over 2 years o get them here because I was told I couldn't get a passport without a signature. They are wrong.

[alexbrixie 3]

Here is the fabled document without translation, can't find it.

Here is the fabled document without translation, can't find it.

cant get it to post but I have picture of document. Help me post and ill show it to you

[alexbrixie 3]

It's been a roller coaster ride, I'm about to meet my fate, my marriage will come to an end if I don't get the approval. I've done all I could do, there is nothing left. It's been over 2 years and I'm struggling. I won't know until the interview. This post strikes fear to a degree I can't explain. I won't separate them, I'd rather be divorced.

I have this document in my possession, it is real. As to weather it will work is a different story. My wife was never married and the father took off after 6 months. My step daughter is 6. We found him and he agreed to sign. When notary showed up in rio et he demanded 1,000,000 baht. Lawyer said it would cost 150,000 baht to go through the courts and take a year. My wife calls me and says she ill handle it without lawyer. 2 weeks later she emails me copy of my step daughters passport. She paid 150 baht and went to amphur with her mother and aunt. Gets document stating they lived together common law but were never married and that he failed to register child and never claimed him as his own. Therefore my wife has sole custody and has ability to make all decision. I was completely shocked . The passport has been issued and can't be issued per the Thai passport website without both parents consent or a court order. My document is with nvc right now so I can't show it to you, but believe me , I got it and its real. I'm awaiting completion at nvc . You will not get a straight answer from anybody. From what I understand its a case by case basis. I've been waiting over 2 years o get them here because I was told I couldn't get a passport without a signature. They are wrong.

[Karee 4,190]

It's been a roller coaster ride, I'm about to meet my fate, my marriage will come to an end if I don't get the approval. I've done all I could do, there is nothing left. It's been over 2 years and I'm struggling. I won't know until the interview. This post strikes fear to a degree I can't explain. I won't separate them, I'd rather be divorced.

I have this document in my possession, it is real. As to weather it will work is a different story. My wife was never married and the father took off after 6 months. My step daughter is 6. We found him and he agreed to sign. When notary showed up in rio et he demanded 1,000,000 baht. Lawyer said it would cost 150,000 baht to go through the courts and take a year. My wife calls me and says she ill handle it without lawyer. 2 weeks later she emails me copy of my step daughters passport. She paid 150 baht and went to amphur with her mother and aunt. Gets document stating they lived together common law but were never married and that he failed to register child and never claimed him as his own. Therefore my wife has sole custody and has ability to make all decision. I was completely shocked . The passport has been issued and can't be issued per the Thai passport website without both parents consent or a court order. My document is with nvc right now so I can't show it to you, but believe me , I got it and its real. I'm awaiting completion at nvc . You will not get a straight answer from anybody. From what I understand its a case by case basis. I've been waiting over 2 years o get them here because I was told I couldn't get a passport without a signature. They are wrong.

I hope everything works out. Thanks for posting the information as well as that document. It will be a big help for future people going through this process

[Ning 619]

I have this document in my possession, it is real. As to weather it will work is a different story. My wife was never married and the father took off after 6 months. My step daughter is 6. We found him and he agreed to sign. When notary showed up in rio et he demanded 1,000,000 baht. Lawyer said it would cost 150,000 baht to go through the courts and take a year. My wife calls me and says she ill handle it without lawyer. 2 weeks later she emails me copy of my step daughters passport. She paid 150 baht and went to amphur with her mother and aunt. Gets document stating they lived together common law but were never married and that he failed to register child and never claimed him as his own. Therefore my wife has sole custody and has ability to make all decision. I was completely shocked . The passport has been issued and can't be issued per the Thai passport website without both parents consent or a court order. My document is with nvc right now so I can't show it to you, but believe me , I got it and its real. I'm awaiting completion at nvc . You will not get a straight answer from anybody. From what I understand its a case by case basis. I've been waiting over 2 years o get them here because I was told I couldn't get a passport without a signature. They are wrong.

The document is real . However it may not serve to satisfy the embassies requirements. This type of document was submitted in a case I helped with in the past and was rejected in that case.

The document was written by what you call city hall. City hall is not a court so this isn't a court order from a judge.

What this really indicates is that the couple lived a husband and wife but were not married and the father didn't sign the B cert. It does say the mother has custody of the child.

I don't know if the embassy will accept this but if they did it would be great and help others be able to get visas for children.

As far as getting passports for kids I know I had no problem getting my daughters. I applied and it arrived in about 10 days. The person I mentioned above who's kids were denied also had no trouble getting those passports. The problem was with the father not signing and the rejection of a document just like what we see here.