QLD Family Court - Wife Wants to Take Child Back to Thailand?

[Sal1]

Seeking help for my son who is the father of a 21/2-year-old. My son's wife is wanting to take my grandson back to her home country (Thailand) for good, stating the marriage is over. My grandson was born here, has an Australian passport. My son is not allowing him to leave the country (he has his passport) as he strongly believes that he will never see his son again.

Is there a family court arrangement that would hold up internationally (Thailand) & could be enforced Stating his son has to return in 30 days or return by a certain date, etc?

Re: a post-nuptial agreement, she has indicated that she doesn’t want anything from him, just wants to leave. Would this stand up in court if it was in writing?

Thanks in advance .

 

[Atticus]

Strongly recommend your son keeps the passport...

He can apply to the family court here for an order allowing her to take the child to Thailand and return within a set time, but not sure the order could be registered and enforced in that jurisdiction... If she didn't return with the child he may have to seek recovery via the Hague convention for International child abduction of which Thailand is a signatory... That could be long and difficult.

When considering allowing her to take the child OS, the court here may require her to pay a substantial bond which she would lose if she didn't return if they consider it a risk.

That type of postnup agreement is unlikely to stand up in court, certainly not in regards to child support

 

[sammy01]

No document that he might sign to waive his responsibilities to pay child support will be acceptable in court. I reckon she could live a pretty cosy existence in Thailand from your son's child support payments. He will be paying in AU dollars based on AU child support rates to a country with a substantially lower cost of living and IF the mum did have an earning capacity it would be in Thai $$$, so basically would not count for much.

If he wants a meaningful relationship with the child he should do all the can to stop her from going back to Thailand. She can apply to court for the passport to be returned so she can leave the country, but there is no certainty that the courts would agree, especially not to a third world country and especially if your son stated he was prepared to be the primary carer of the child.

 

[Tremaine]

In addition to the above, another option is for your son to file for parenting orders that imposes an injunction on either parent removing the child from the Commonwealth of Australia without agreement, and a concurrent order that places the child on the Airport Watch List (which flags any effort at international terminals to remove the child from the country).

This can take time, so your son should retain the child's passport in his possession until there's a parenting order in place. I'd encourage your son to seek legal advice on this matter.

 

[Sal1]

Thanks for your help. My daughter in law is now stating that if they get an agreement signed by the court that she isn't entitled to her % of the property & my son provides her 50/50 in his savings she will be happy with that but in return she will take my grandson to Thailand until his of school age then return here for schooling & want to live back at the HSE!! Certainly wants her cake & eat it too, or it could be pure manipulation just to get back to Thailand?

What makes it more interesting is my husband & I are part owners of the HSE & live a dual occupancy with them! So we are now gaining legal advice .

 

[Joe Black]

I agree that an airport watch order should be applied for. Its a very simple application in case. That way the children can not be removed from Australia.

 

[Qadeer khan]

This can take time , So your son should retain the child passport in his possession until there is parenting order in place.,

 

[Michael Spinake]

Australian Orders will not be recognised by Thai Authorities. Need to have Orders reflected in Thai Court before travel. Thailand party to Hague Convention - but compliance low. Reality - if she did not want to return - it would be a lengthy and frustrating process. Imperative to have Orders registered in Thai Court before travel.