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Foreign Wife Divorcing Poor Malaysian Husband

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asked on Nov 24, 2017 at 19:59
by   jeff005
@ Chris

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answered on Nov 24, 2017 at 20:04
by   jeff005
edited Dec 20, 2017 at 05:32
 
Answered on Nov 22, 2017 at 12:20
by Chris

I am Malaysian ... my wife is Taiwanese and she want to have a second son custody... what should I do?
Answered on Nov 22, 2017 at 15:07
by jeff005

Please write more clearly so that people here can understand. 
Where is your wife now? 
Where is your first son?
Answered on Nov 23, 2017 at 09:43
by Chris

Sorry. Now my older son and second son with me ... and my wife come back from Taiwan and she wanna to take custody both on it ..... I'm living in Sabah, Malaysia.. My elder son 7 year old and my second son 1 year 8 month. My wife left me because I am poor and now she plans to take back both my sons on 6 month from now. When she went back to Taiwan, she never gave a single call to my son and now she came back wanna take my son away... Now I have a job as manager on home stay and little business like planting and selling vegetables. Please I really need your guide. Please help me..
Answered on Nov 23, 2017 at 11:42
by jeff005
@ Chris 

Start a new thread and give more info or join this thread:
https://www.lawyerment.com/answers/questions/12295/malaysian-husband-divorcing-foreign-wife-with-child-custody-issue?g=last#a38751

To start new thread to post, register as a member. Don't use this thread. 

You can use this title:
Foreign Wife Divorcing Poor Malaysian Husband 

My local wife divorced me because I became poor and old and try to take away my son. If you have done no wrong, I  promise to help you to the best of my knowledge. I am also a farmer now. I hate child grabbing and looking down on us poor farmers. Without us farmers, some people may have to eat pig**** in the future. 

Need to know 
Yours and hers ages 
When married 
Any divorce 
What she try to do now 
What you intend to do 
Any mediation process between you two now 

Trust me, you are in good position to fight.
Answered on Nov 24, 2017 at 09:38
by Chris

Thanks God, I'm so happy can hear from you.. I almost cried when I read your feed back... Thank you so much ... I love my son a lot ... My age is 39 years old and she is 35 years old .. I have two marriage certificates, one was Taiwan on 30 November 2010 and the other one is Malaysia on 16 December 2010.. what you mean (any divorce) right now we are not divorced yet on the paper... but she went back Taiwan more then 6 months without a single call or message to me and my son ....now she intends to take away both my sons ....for me right now I just wanna to have both my sons by my side and on my small business I wanna to grow more vegetables to sell. At his moment she has agree to let me keep for six months but with the condition after six months my bank account must have RM13,000 to proof I am able to take care of my sons, if not she will take back my sons after six months .... but one thing I am very worried about her promise because she is always changes her mind easily. Do I really have a good position to fight or have any chance to have both of my sons custody?
Answered on Nov 24, 2017 at 10:01
by jeff005

I request to change to another thread or start a new thread. 

I can get you Full Custody of the 2 sons if conditions are right. 
I assume she have not yet file for divorce. 

Forget the RM13,000. She means poor fathers cannot raise 2 sons? 

Please write on the other thread or start new thread. I do not like this thread. Too many stupid things were written above. 

There is one condition for helping you. 
The condition is.. 

You must give or allow her reasonable access to her 2 children whenever she goes to see or visit them. 

Agree...?????
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answered on Nov 24, 2017 at 20:11
by   jeff005
My foreign wife divorced me because I became poor and try to take away my son. I done nothing wrong 

My age 39 and she was 35  
I have two place marriage certificate the 1st one on taiwan Date: 2010/11/30 
                                                                 2sec on malaysia Date: 2010/12/16 
She have not yet file for divorce. 

She intend to have custody on my both son on next six month. 

I need guild or lead to avoid my both son custody to be taked. 

Six month financial to proof i able to raise 2 son. 

From beginning till now she always welcome to see/visit them whenever she need.
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answered on Nov 24, 2017 at 20:20
by   jeff005
@ Chris

After divorce, many things can change.
I appreciate you giving me an undertaking that you would grant your Taiwanese wife that you would grant her reasonable physical access and unlimited visitations whenever she comes to see her two children from Taiwan. This would be documented in the Divorce Papers if there is a divorce.

I am not forcing you to agree but I do not to be unfair to the mother of the two children.
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answered on Nov 24, 2017 at 22:21
by   jeff005
edited Nov 24, 2017 at 22:27
by   jeff005
Further Qs

1.  Were the marriages registered at the Embassies of both countries.?
2.  What is your race? Religion? Your wife's religion?
3.  Have your two sons got passports? Have they travel to Taiwan before?

Further Notes
4.  There is no nice divorce when child custody is involved. There could be a divorce law in Taiwan that you two can only apply for divorce after 1 year of separation. Since both marriages is properly registered, she can apply Ex Parte for divorce and gain custody in Taiwan without you being there. That could be why you are given an additional 6 months. She could be buying time.
5.  As a foreign wife, she cannot just come and take the children.
6.  And do not worry about the 13k. So long if you can feed and housed the 2 sons, she can do nothing... Nothiiiing... Okay? Trust me.

Immigration process
7.  Tell me how long she has lived in Sabah and on what permits she was using or still using now? LTSVP (aka spouse visa)?

Chris
If you do not understand the English I am writing, tell me, or ask me again. Okay?
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answered on Nov 26, 2017 at 21:52
by   Chris
edited Dec 20, 2017 at 06:01
 
My marriage was registered in Taiwan and Malaysia. I'm Chinese, Christian while my wife is a Chinese, Buddhist. Yes, both my sons have passports but I am keeping the passports in a safe place.

Yes, Taiwan got their own law but my sons are Malaysian citizen. Maybe like you said, my wife is buying time... She cannot just come and take the children that's why she want to do it legally by going to court... Yes, I am able to provide food to both my sons but the house is rented.

She lived in Sabah for nearly 5 years. She was on social visit pass, every year must renew... till 06 October 2017... She went back to Taiwan yesterday.

What should I do now? Tomorrow I have to go back to Ranau where my vegetables are planted. I might need 14 to 20 days for me to come back to Sandakan. I got no Wifi access in Ranau. But time flies and six months will be over very soon.. I am so worried.
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answered on Nov 26, 2017 at 23:06
by   jeff005
edited Nov 26, 2017 at 23:33
by   jeff005
@ Chris

What I meant was 
1.  Is your marriage in Taiwan also registered with the Malaysian Embassy in Taiwan?

2.  Is her marriage in Malaysia also registered with the Taiwan Embassy in Malaysia?

3.  Keep the children's passport in your friend's house, not your house.

4.  By Common Law, children below age of 21 can hold Dual Citizenship, being born to foreign parent. Yes, she can kidnap your sons away and get temporary Taiwan passports to fly out. Keep the children birth certificates safely.

5.  When you are in Ranau, who looked after the kids? Your parents?

6.  If she brings the kids back to Taiwan, who can look after the kids? Her parents?

7.  Do you think she is working in Taiwan now? Can she earn more than you?

8.  If there is a chance that she may get custody of one child, who would you choose, the elder or younger child. All is fair in Family Laws, with one child at 7 and below, especially less than 2 years old, she may get custody of one child.

9.  What is the religion stated in the birth certificates of your children?

You can send your hand phone number to me for emergency purposes, if she comes back suddenly. Send to <bladirunner@gmail.com>
I will give you mine. We can use SMS or WhatSApp .
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answered on Nov 26, 2017 at 23:14
by   jeff005
@ Chris

There is nothing much more you can do except wait for her actions.
Concentrate in your work to create savings. Do not worry about the 13k. She cannot put in Divorce Court for such conditions. She is trying to scare and intimidate ( frighten you ).
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answered on Nov 27, 2017 at 00:30
by   Chris
edited Dec 20, 2017 at 06:10
 
1. Yes, my marriage is registered with the Malaysian Embassy in Taiwan.

2. No, we just take our Taiwan marriage certificate to Malaysian registration office.

3. OK I will do it. But can I ask why?

4. OK, but she already has a photocopy and the original one still in my place.

5. 27 November 2017 I have to go to Ranau. Will be back 14~22 days. My parents will look after my 2 sons.

6. Yup she mom will look after my child.

7. Yes, she's working in Taiwan and earn more that me. 

8. If I choose both of my child, if the court give the younger son the her and my older son has he own thinking, let say my older wish wanna to stay with my wife so i will be lost both of them right?

9. Both of them follow my religion as Christian - birth certificates.

10. If like you say she intend to frighten me, that mean she doesn't wanna to take away my sons? Or she is preparing for it?

Is that it? I have to except it. Can I do something better rather than waiting for her to take the next step? Maybe you are right, at this moment, I just need to concentrate on my work to build up my savings. My handphone number: 017-896 20XX. Please kindly add me in Whatsapp. Thank you.
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answered on Nov 27, 2017 at 14:30
by   jeff005
edited Nov 27, 2017 at 14:39
by   jeff005
@ Chris

I believe my 60mins of friendly chat with you last night have removed most of your doubts.
There are things I cannot post on public media. Some of my postings is a double edged sword.

My guess she came back on this trip to assess your reactions.
She could be in a lawyer's office the past few days and coming back anytime.
She would be filing divorce and custody of the two child before your son reaches 7 years old in 5 months time. She knows what she is doing.
No worries, you know what to do now.

Just prepare all those documentations I have told you to do.

There is no amicable solution with foreign spouses. Either the children goes with her to Taiwan or remains with you in Sabah.

When you have money, wife is okay. When some business ventures fails, and the standard of her living here drops, trouble brews. Remember she hails from a city of high living costs which can be a disadvantage to a single mother of 2 children. The advantage is yours to explore.

With the conversations I had with you, I am very comfortable with your level of English and maturity. You can self represent without the need of lawyer services. Most important is that, your own lawyers can misrepresent and lose the case for you for child custody as I have explained.
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answered on Dec 13, 2017 at 22:17
by   jeff005
edited May 18, 2018 at 17:08
 
@ Chris

You back from Ranau?

Any actions from your ex wife to be?  Notifications?

Just remember.. if you are working outstation, remind and remind your parents  NOT  to sign or receive any mails, registered mails on your behalf. Just delay another 4 months for your son to reach over 7 years old.

And.. please.. You  MUST  be the parent to register your son to the new school. Even if your  LEG is broken, must also go in a wheel chair. (take pics as proof)..!!
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