Family Law in Cambodia

Hello.

This is very complicated as you don't give all details and a lot of questions are left.

* Is it your child? I mean are you both the parents of the child?
* Are you married and are you of the same home country?
* Is the child registered on both your names? Do you have a birth certificate?
* If so, is it registered in your home country?
* Does the child have a passport from your home country?
* If you take the child out of Cambodia, does the child travel to the country of origin of both parents?

You see it's not just putting a question and getting a clear answer.
I think it would be a good idea to get counseling by the embassy of your country, at least they know the rules and laws in such cases.
Things could become complicated if not both parents are from the same country, if the child is traveling to a different country, if the child is not registered in the country where it is traveling to.

Please ask your embassy, they are there to help and give you information.

Good luck.

Joe
Cambodia expat-advisor
Expat.com team

Hey Joe,

Thanks. It is a quite a complicated scenario; my partner has threatened to take me to the authorities if I try to take our child out of the country regardless if it is for a short holiday or for the long term (because I occasionally go overseas for work), so I just want to know my rights.

* Is it your child? I mean are you both the parents of the child? - Yes and Yes
* Are you married and are you of the same home country? - No and No
* Is the child registered on both your names? Do you have a birth certificate? - Yes and Yes
* If so, is it registered in your home country? - Yes in both our home countries
* Does the child have a passport from your home country? - Yes
* If you take the child out of Cambodia, does the child travel to the country of origin of both parents? - Probably

Unfortunately I have neither an embassy or consulate in Cambodia but anyway most nations follow the hague convention ( but not Cambodia - hence the query), should be enough to make sense of everything.

But thanks

Hello Yann.

Nothing makes sense if one partner tries to take the mutual child away from the non-agreeing parent. That is or borders kidnapping and that is a crime.

In many countries the law considers the mother of a child it's caretaker, unless a court has decided differently. If you are the male then you could expect trouble when trying to leave the country.
That trouble would not be worth it and a bad experience for the child.

Think about it, think of the interests of your child and either try to get permission of your partner to take the child or just abandon the idea until a time of more peace and rest.

Do you really have to take the child out of the country? Answer for yourself and put the interests of the child above your own fight with your partner.

Good luck.

Joe

There is no provision in Cambodian Family Law applies to your case. If the child has his or her passport and is leaving with one parent, there is no problem for him or her to depart from this country.