In a chat with my Thai lawyer on Wednesday, April 24th, my Thai lawyer said that I should try to ask the intervention of the Thai Central Authority in the case with my daughter.
The Office of Attorney General (OAG) has five main authorities and functions, namely:
- to administer criminal justice,
- to safeguard national interest,
- to protect civil rights and provide legal aid,
- to enhance international cooperation,
- to conduct research and develop laws
The Thai Central Authority had connections with the Hague treaty on abducted children and thus the case would be handled by an Internation Authority instead by a local authority in Belgium.
My Thai lawyer prepared a document, in English and in Thai, and I send the letter on May 13th to the Office of the Attorney General in Bangkok.
| Nakhon Ratchasima, 13 May 2019. Office of the Attorney General Rajaburi Direkriddhi Building, Government Complex 120 Moo 3, Cheang Watthana Road, Lak Si Bangkok, 10210. Also sent by email at: ictc@ago.go.th Object: Complain related to International Child Abduction of my daughter Caramen Matiyapak (nickname Samui), born 12 May 2002. Thai ID number: 1 3099 0296315 9 Madam, Sir, My name is Abelardo Trivino Y Garcia and I live in Thailand. I would like to make a complain for international child abduction to the Central Authority in Thailand. On 10 August 2018, I was diagnosed with an aneurism with an Imminent rupture. Surgery was urgent as this was a life threatening illness. For several reasons, I decided to go back in Belgium for treatments. My brother offered a room to my daughter, who was 17 years-old at this time. My daughter and I arrived in Belgium on 15 August 2018. I found a doctor that agreed to do the surgery. Because of the long stay in Belgium (3 months minimum) I started to look for a school for my daughter. I was able to leave the hospital for a revalidation at home on 12 October under the condition that I would get the necessary care at home. Nevertheless, at home, by brother was unable to provide some indispensable medicine (Clexane) and my situation got worse. I felt sick and wanted to return to the hospital. My brother started by refusing that I go back to hospital, then I called a friend to help me. This made my brother angry and the relationship started to go badly between us. On 19 October 2018, my brother brought me back to the hospital where I was immediately transferred to the ICU. My brother came to me at the emergency and said to me “You will never see your daughter back”. From that day on, all communications between me and my daughter were blocked. Also, all social media channels of my daughter were cancelled by my brother. At the end October, I had a last brief meeting with my daughter at the “Ondersteuningscentrum voor jongerenbegeleiding” (Support Center for Youth Counselling) but my daughter was all the time sitting next to my brother and my brother was interrupting the discussion all the time. I was still recovering from a severe surgery and did not had the strength to keep the discussion on. It was clear that my daughter did not want to return to Thailand. I had to come back to Thailand, where I live, without my daughter. In Thailand, I had my Thai friends who would take care of me. Later on, I hired a lawyer in Belgium. We found out that my brother made false declarations at the Police station and had been claiming to everybody, including my daughter, that I had a brain damage due to the operation/medication and was insane. My daughter had taken the same words over from my brother to declare that I was insane. My daughter had also claimed several different things, manipulated by my brother and contradicts herself in these statements. It is clear to me that my daughter was tricked by my brother into giving false declarations. On social medias, I received information that my daughter wish to communicate with me, doesn’t seem happy but she is kept illegally by my brother who doesn’t have any parental rights. I would like to ask the Thai Central Authority to investigate this case. I wish to make an official complaint against my brother for child abduction. His lies and behavior is responsible of the separation of my daughter. As a father, who was under medications and treatments, it is unacceptable that I have been separated from my daughter in that way. First, I would like my daughter returned to me through the process of the Hague Treaty on Child Abduction. Do note that my daughter has always been living with me since birth. There is no grave risk that her return would expose her to any physical or psychological harm or put her in an intolerable situation. Second, if for any reason her return is impossible, I would like the Thai Central Authority to help me to restore the communication between my daughter and her family. Her Thai mother also wishes to communicate with her daughter. Kind regards, Abelardo Trivino Y Garcia 360 Moo 13 Orrapin Soi 5 Nakhon Ratchasima, Thailand, 30310. PS: As proof, I enclose several annexes for proof 1. ANNEXES Copy of my passport Copy of my divorce agreement giving me full and sole custody Copy of medical documents Copy of airplane Conversations with my brother on internet Messages of my daughter trying to contact me |
On July 25th, I received an answer from the Thai Central Authority stating that the application was under the 1980 Hague Convention and thus limited to the age of 16 years.
After the age of 16 years, by the time that all the preliminary inquiry would be ready, the child would be already 18 years and had the reached of age of "adulthood".
| Dear Sir, Subject: Application under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction: Caramen Matiyapak. Reference is made to your letter dated 13 May 2019, sending the abovementioned application. We regret to inform you that such application fall under the duty of the Central Authority under the 1980 Hague Convention. Since your daughter, Caramen Matiyapak, is 17 years old (she was born on May 12, 2002), but the 1980 Hague Convention shall cease to apply when the child attains the age of 16 years. Should you have any inquiries in this regard, please contact Miss T.A., Public Preosecutor of the International Affairs Department at inter2@ago.go.th. Yours sincerely, P.K. |
Later, in 2021, while browsing the Internet, I found that a similar organisation exist in Belgium.
But nobody informed me about the existence of this organisation in 2018, when I needed it.
| Internationale kinderontvoeringen 28 juli 2011 Deze brochure is gericht tot de families die te maken gekregen hebben met de ontvoering van een kind in het buitenland. Bovendien helpt deze brochure bij het respecteren van hun rechten. Het probleem van het bezoekrecht wordt daarin aangesneden, nét als de toepassing van het Europees verdrag van Luxemburg en het verdrag van 's-Gravenhage. Downloaden Internationale kinderontvoeringen (PDF, 328.68 KB) Enlèvements internationaux d'enfants (PDF, 153.69 KB) Link: "https://justitie.belgium.be/nl/publicaties/internationale_kinderontvoeringen" |
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