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Home » Reader question » Reader question: How do I get permission from the father to bring my son and girlfriend to the Netherlands?
Reader question: How do I get permission from the father to bring my son and girlfriend to the Netherlands?
Dear readers,
My Thai girlfriend has a residence permit for 5 years and is now working on her integration. Her 7-year-old son still lives with his grandparents, and recently spent 3 months with us on holiday in the Netherlands with his aunt. We want him to come with us for good, but run into the following problem.
The father has never really been present in his life, but is on the birth certificate. After the breakup between my girlfriend and him, he moved and started a new family, but has completely disappeared from the picture in terms of whereabouts (have not been married).
The IND says that we do need permission from him to let the son live with us.
Does anyone have experience with this, or are there other ways to solve this problem. New birth certificate?
Regards,
Egbert
Hello Egbert,
I had exactly the same problem with my sweetheart's two children in Thailand, in the meantime they have been at our home (in Germany) since 2005 and immediately adopted by me so that their future is secure.
The marriage had never been officially registered (only for Buddha), which makes it easier. First of all, your girlfriend must ensure that she has sole control over the children. For this, statements can be obtained from the Amphoe where she is registered, I do not write statements for nothing (plural) because at least two statements from non-family members (so acquaintances or friends) must also be included, which confirm that the father has never cared for his children and (importantly) never paid alimony for his children. It is also important that his delay is not known, so it goes faster anyway. You will need these statements, which must be translated and legalized, later in the Netherlands if they come to the Netherlands on the basis of family reunification. If you get married and you want to adopt the children, these statements are very important, in this way only the mother has to give permission for adoption, for example.
In my case (in Germany) it was the case that the “Jugendamt” (Children's Care) first came to see if everything was okay, because every child had to have its own room with all the trimmings, only then was visa granted. After that, the adoption was a piece of cake, birth certificates had already been translated and legalized in advance by the embassy in Bangkok. Next year I will retire, the adopted son will take over the business, he is well prepared, immediately has a good income.
They both have dual nationality, Thai and Dutch.
Succes
Thank you very much for the info
Dear Egbert,
We have also experienced this problem in our (Thai) family.
After tracing the biological father, the first “problem” came. Although after birth he held the baby a few times, in the first week, and then took off. Of course never contributed financially to the upbringing ect. Didn't want to give up the child at first!
The 2nd problem presented itself after a few minutes: the good man was willing to iron his heart with the handing over of money and after some negotiations about the “redemption fee” the contract was signed.
So, financial compensation, perhaps also to grandpa and grandma, is usually enough to get your stepson to the Netherlands.
Succes
thanks for the info
Dear Egbert,
It seems easiest to me to find out who has custody/full control over the child.
Do both parents have control over the child?
Then contact the father with the request to fill in the form of the IND with involvement in giving permission.
Does the father not want to cooperate or has full control over the child?
Hire a lawyer and go to court to ensure that your girlfriend/wife gets full control/custody of the child.
If the mother has full control over the child, proof of this is sufficient for the IND.
Sincerely, Sebastian.
Hello Egbert
We certainly have experience with this. Over the years, it has become clear to me that all Thai women know how to arrange this. There are special permits for this.
You can always email me and then call me!
Egbert, I would do the following in your situation.
First check with family or acquaintances of father. And if that doesn't work:
As far as I know, every municipality has a population register. The birth of the son should have been reported there. Father will probably also be registered or have been there. If he has left the municipality, the population register may know the name of the new municipality.
Ask at the new municipality whether father is still registered there.
Once you know Father's town of residence, you can visit the local government hospital and ask if he is known there: they may know his current address. Always bring your birth certificate!
Good luck.
At that time I settled it by stating that the father cannot be found and has never contacted his child and has never contributed to his maintenance.
Just two questions from my side, before my answer:
1) If the son has been in NL for 3 months, shouldn't there also have been permission from the father, so that the son could fly?
2) If not, how did you solve this?
And if the father has never actually been in the picture, procedure(s) can be requested from the Amphur of the son/wife's place of residence.
Here, partly through testimony from the village representative, it can be confirmed that the son's father has never been in the picture, after which your wife will be able to obtain the sole right to legal control.
Never use / attempt these procedure(s) when father is still partially in view. Then it could just be seen as a kidnapping attempt…
Hallo,
We obtained an authorization in The Hague that his aunt (my girlfriend's sister) could travel with him.
In my opinion, with such a short stay visa, the IND does not really come into the picture.
An amphur is that a mayor?
Fr Greetings Egbert
It has been the case for 'some time' that everyone who has legal custody of a certain minor must give permission for that minor to cross the border. This is increasingly checked at the border to prevent child abduction.
When your girlfriend's sister came to the Netherlands with your girlfriend's son, she should have (or should have) brought an official statement with her, containing the consent of your girlfriend and the father and anyone else who had legal authority over the boy.
An Amphur or Amphoe or อำเภอ is the Thai word for congregation.
So your girlfriend has to go to the town hall to make all this official.
Very simple done twice
you go to the town hall with the village mayor and two people who testify that father has not looked after his son for more than a year. A form is made there (nowadays even a standard form in the computer at the municipality. There, the witnesses and mother must sign a copy of everyone's house book and Thai ID signed. You have that form translated and must be legalized in Bangkok. Translation costs 400 baht if you also have the office legalized there will be another 400 baht for their work and 400 you pay at foreign affairs for the legalization If you then have it sent home in Thailand I thought there will be another 60 baht bi for it Registered shipping. I did this last April in Wang Sa Mo Udon Thani. I may have a reliable address that will do it for this price. But as reported, you can save 400 baht by going to foreign affairs in Bangkok yourself.
greeting
Jan
read a similar question + answer again on this blog from May 20, 2017.
In short, if the mother was not officially married to the biological father, then the mother has sole control over the ev children. (Buddha marriage is NOT official).
Read more article from May 20, 2017.
Still added to it. : Mother can go to town hall herself to change the surname of the children, in order to facilitate the immigration procedure.
Have also experienced this in the past with my wife's son, she said when making the papers in Thailand that father was not in the picture and it is unknown where he stayed. Hope for you that it is still so easy, good luck.
If your girlfriend and the child's father have been legally married then they will have to divorce first and yes then the father must give permission. But if they were only married for the "church" then you can get around this. Your girlfriend then has to go to the poe yes track of the village with a witness and demonstrate there (hence the witness) that the father no longer looks after the child. You can then request a name change (last name of the mother). If this is done, you no longer need permission from the biological father because your girlfriend (the child's mother) will have full custody.