Thailand/UK The Abducted Children Are Brought Back To their British Father


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.

We will update this article soon

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Read the full update here: Phuketgazzette

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Parental abduction: Thailand Child Abduction Law


Source: Thailand Family Law Center

In the context of Thailand family law, child abduction cases typically occur during a child custody dispute, when one parent flees a legal jurisdiction with any children who are the subjects of the dispute. International law and Thailand family law may come into play when a child is abducted from a foreign country and taken to Thailand, when a child is taken from Thailand to a foreign country, or when a child is abducted by a parent within Thailand.

What should I do if my child is abducted and taken to Thailand?

The first thing a parent must do if a child has been abducted and taken to Thailand is to contact legal authorities, their embassy in Thailand, and an attorney who can help put you in touch with family law attorneys in Thailand.

Can the Hague Convention on Child Abduction be used in Thailand?

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, like a variety of other Thai legal subjects, falls into the “grey area” of  Thailand law. For this reason, parents are encouraged to pursue their cases in the Thailand courts in the procedure outlined below.

What is the procedure for retrieving a child who has been taken to Thailand?

There is a great deal of misinformation stating that parental abduction in Thailand is not considered a crime under Thai law, and cannot be prosecuted. This is technically not true.

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 seek full custody of the child in Thailand Family Courts. Once full custody has been obtained, a parent may use the Courts to issue a demand that the abducting parent attend Thai Court and return the child.

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Child Abduction to Thailand


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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