Ten-year-old Wasuthon Nielsen also called “Guide” came to Denmark from Thailand three years ago after his adoptive mother brought him with her to her Danish hometown of Taulov, where she lives with her Danish husband. Now the Danish authorities have decided to deport Wasuthon back to Thailand, Fredericia Dagblad writes.
Wasuthon came from Thailand where he lived with his aunt and grandparents. When his aunt, Praphatsanun Nielsen, married her Danish husband Niels Jørgen Fries Nielsen she moved to Denmark. At first, Parphatsanun went to Denmark without Guide who then stayed with his grandparents. Niels first wanted to see if Parphatsanun liked the life in Denmark before they brought Guide, he explains.
Parphatsanun quickly found a cleaning job in Denmark and settled in. She then went back to Thailand and got an official adoption for Guide approved before she brought him back to Denmark with her.
Today Guide is in the Danish third grade where he, according to his teachers, is making a lot of process. Guide himself is also enjoying his time in Denmark “I like math and gymnastics,” Guide says. He also says that he likes cartoons and playing video games.
In Guide’s free time he plays Esport at a local club. At home, he frequently has friends visiting to play football or badminton in the garden. Soon Guide is going to a disco night with his class at their school.
Even though Guide seems to be doing well in Denmark he is now being forced to leave the country and go back to Thailand. The Danish Immigration Service has rejected the family’s application for a residence permit to Guide with the explanation that the adoption of Guide isn’t recognized by Danish law.
In 2020 the family filed for a family adoption at the Agency of Family Law but got their case denied twice. The first time the ruling stated that Guide’s sense of belonging was more significant in Thailand than in Denmark. The second time the agency was referring to the Hague Convention statement on adoptions which reads that an adopted child should “first and foremost be helped to grow up in its home country”.
The Danish Agency of Family Law also added to the explanation of the rejection that Guide has a network in Thailand to grow up in and that granting the adoption to Guide would be differential treatment since Guide’s younger brother is still living in Thailand with his grandparents.
But that explanation does not resonate with Niels Jørgen. He explains that both Guide’s grandmother and her husband have bad health. The family has also filed for the adoption of both brothers, but that request was also denied.
An absurd case.
Guide’s family have now been summoned for a meeting at The Danish Agency of Home Travel which has the responsibility of overseeing that illegal foreigners residing in Denmark travel home.
But according to the family’s lawyer, Eddie Khawaja, it is not even possible to send Guide home to Thailand. Simply due to the fact that Parphatsanun is recognized as Guides mother in Thailand, and she resides in Denmark. Therefore Eddie Khawaja thinks that the whole case is absurd.
“The boy has ended up in a sort of vacuum. The Agency of Home Travel must consider the fact, that the country they want to send the child to believes that the mother lives in Denmark. This means that there are no formal and legal caretakers in the country,” Eddie Khawaja says.
Niels Jørgen Fries Nielsen is ready to take the case, which they believe is wrong, all the way to the highest courts.
”It’s always the law they use in their argumentation. Guide is thriving here and has a good relationship with his friends. We pay all the expenses for the child. We both pay taxes. My wife has paid tax since the day she got here, and she has been a good citizen,” Niels Jørgen explains. He is very happy with all the support they have got in the case from Guide’s friends’ parents.
The Wasuthan story comes in the wake of several other controversial cases in Denmark where otherwise well-functioning residence on temporary residency has been deported back to their former home countries.