August 22 , 2014
Source: Pattaya Smart
The two British-Thai Children who were abducted a while ago are now returned to their british father Robert Day.
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Read the full update here: Phuketgazzette
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ABP World Group™ Risk Management
August 9 , 2014
Source: phuketgazette
On Tuesday, Pattaya Police were issued an arrest warrant for 36-year-old Onwarat Gamlem, who is the non-custodial mother of the children. The warrant orders police officers around the country to arrest Ms Onwarat on charges of child abduction.
Ms Onwarat, also known by her nicknames “Nok Lek” and “On”, is to be handed over to the Pattaya City Police once arrested.
The children’s father, Robert Day, believes Ms Onwarat may have brought the children to Phuket, Mr Day’s sister, Charlotte Dillow, told the Phuket Gazette. Ms Onwarat once lived in Phuket.
“She met her current husband there, too,” Ms Dillow said.
Ms Onwarat and Mr Day are divorced. A Thai court four years ago gave full custody of the girls, Annie and Aleena, to Mr Day, with no access to Ms Onwarat, reported Pattaya103.com (story here), which broke the story.
Ms Onwarat deserted the children for 18 months when they were very young, said the report.
Mr Day took the children to the UK and has been raising them alone, but allowing them to communicate with their mother online.
When Ms Onwarat did not return them on June 1 as agreed, Mr Day contacted the police, who searched her home and found it empty.
Ms Onwarat is now married to a Norwegian man who left Thailand for work on April 27. The couple have a three-year-old son, Marvin.
Also known by her previous married name Wiganda Day and her maiden name Onwarat Suphikunphong, Ms Onwarat is believed to be in hiding with her three children.
She was seen driving a white Toyota Vios, red plate registration 2995, issued in Chon Buri.
The Gazette notes that the registered address on the arrest warrant marks a residence in Pathum Thani, on the outskirts of Bangkok.
Alternatively, Ms Onwarat may be hiding out in her home province of Ayutthaya, Ms Dillow noted.
Anyone with information about the group’s whereabouts are urged to notify nearest police station or call the police hotline 191.
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July 14, 2012
Source: Thailand Family Law Center
Child abduction or “child kidnapping” cases typically occur during a child custody dispute, when one parent flees a legal jurisdiction with a child to avoid the jurisdiction of a particular court. International law and Thailand family law may come into play when a child is abducted from a foreign country and taken to Thailand or when a child is taken from Thailand to a foreign country, or when a child is abducted by a parent within Thailand.
Q: What should I do if my child is abducted and taken to Thailand?
A: The first thing a parent must do if a child has been abducted is to contact a qualified Thailand family law attorney and make a police report. A qualified attorney will assist with filing the necessary complaints with legal authorities. Based on the circumstances of each case, a family attorney may file a police report with the relevant embassy in Thailand, or file a formal request pursuant to the Hague Treaty. A Thai Family Law Attorney can file a court complaint with the Thailand family court. If criminal charges are involved, a criminal complaint may also be required.
Q: Can the Hague Convention on Child Abduction be used in Thailand?
A: The Hague Convention on the Civil Aspects of International Child Abduction provides a procedure for parents who have had their children abducted by the other parent. The Hague Treaty on Child Abduction is executed through the governments of treaty member countries, but normally requires an attorney to file the appropriate documents with the government authority responsible for the retrieval of the child.
Thailand has formally acceded to the convention; however, at this time the proper procedures for acting upon the convention have not been codified into Thai law. This means that the convention, falls into an ambiguous area of Thailand law. In certain cases of child abduction originating in Thailand, wherein the child has been taken to a different that is a Hague connection signatory, a Hague Convention action may be filed through the relevant government authorities of the country. However, in cases where a child has been abducted and taken to Thailand, the aggrieved parents’ remedy may be through obtaining a court order from the Thai family court. Cases need to be examined individually.
Q: What is the procedure for retrieving a child who has been taken to Thailand?
A: In order to retrieve a child that has been abducted by a parent in Thailand, the parent who is seeking the return of the child must established custody rights of the child in Thailand Family Courts. A court order of sole custody can then be used by the aggrieved parent to obtain the return of the child. Such action can be enforced by Thailand court and police officials. Depending on the circumstances, a police complaint may also be necessary.
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Phuket Boy Ricardo Among Rising Number of Abductions
By Chutima Sidasathian,Phuketwan Friday, July 1, 2011
PHUKET: Figures show the number of British children abducted by a parent and taken abroad is increasing, with Thailand a favored destination. Pakistan and India rank first and third in numerical terms, sandwiching Thailand. The Foreign Office said that 161 children had been taken over the past 12 months to countries that are outside an international treaty designed to ensure the return of wrongfully removed minors.
On Phuket, parental abduction is known to be an issue. The most prominent case has been the twice-abducted Ricardo Choosaneh, a nine-year-old first taken by his Thai mother from his father in the Netherlands, then taken from Phuket by his foster mother earlier this year. His mother, Sumetra Choosaneh, told Phuketwan in an interview in Bangkok in March that she planned to go to Europe to regain her boy – but through the courts this time.
Khun Sumetra and her family say that the father has never been a good provider and continues to use possession of the boy as a means to extract money from others and to gain government housing in the Netherlands. Britain’s Foreign Office admitted that true figures on abductions are likely to be much higher because many cases go unreported. AFP reported that although Pakistan, Thailand and India topped the list of nations involved, there were cases in another 94 countries that are outside the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
Foreign Office minister Jeremy Browne told the news agency: ”Finding a solution can be especially difficult if a child has been taken to a non-Hague country as there are no international systems in place to help you. This is why prevention is so important.” The Phuket case of young Ricardo has brought international attention, with a television show in the Netherlands encouraging support from viewers for the boy’s father, Michael Roland van Alphen. However, Khun Sumetra and her family maintain that Phuket-born Ricardo, abducted twice in the space of nine months, should never have been snatched on the second occasion by foster mother Kimberley Ching-Yong because the boy’s future is brighter on Phuket.
Only a court, having listened carefully to both sides, can settle the matter with the best interests of the child to the fore. As Sharon Cooke, advice line manager for Reunite International Child Abduction Centre, told AFP: ”The psychological impact on children can be traumatic and for the left-behind parent, the shock and loss are unbearable, particularly if they don’t know where their child is.”
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