Child Custody

What is a child custody agreement in Thailand?

A child custody agreement in Thailand is a legal document that outlines the rights and responsibilities of parents regarding the custody and care of their child or children. The written agreement between the parents determines the custody arrangement and provides guidelines for visitation, decision-making and other important aspects of the child’s upbringing.

The custody agreement can be reached through negotiation, mediation or a court order. It is generally advantageous for parents to agree voluntarily, as this gives them more control over the terms and ensures that the agreement reflects their specific circumstances and the best interests of the child.

A child custody agreement in Thailand usually includes the following information : 

Custody arrangement: This will state whether sole custody, joint custody or shared custody is granted. This determines which parent has legal and physical custody of the child and the schedule of visitation rights for the non-custodial parent.

Visitation schedule: This outlines the visitation rights and schedule for the non-custodial parent. This includes the days and times the child will spend with each parent, such as weekends, holidays, vacations and special occasions.

Decision-making authority: This covers how important decisions about the child’s upbringing, education, health care and religion will be made. It may designate one parent as the sole decision-maker or require both parents to make decisions together.

Communication and co-parenting: It encourages open and positive communication between the parents and promotes cooperation in the upbringing of the child. This may include provisions for regular communication, sharing of information and dispute resolution.

Relocation and travel : Addresses issues relating to the relocation of either parent and sets out guidelines for international or domestic travel with the child, including notification requirements and the consent of the other parent.

Child Support : Although not directly part of the custody agreement, provisions for child support, including the amount and method of payment, may be included or referred to in the agreement.

It is important to note that a child custody agreement is legally binding in Thailand once it has been approved by the court. If any changes need to be made to the agreement in the future, it can be amended through court proceedings or by mutual agreement between the parents.

How do you get child custody in Thailand?

Getting child custody in Thailand involves navigating the legal system and following specific procedures. Here are the general steps involved in obtaining child custody in Thailand:

Seek legal advice: Consult an experienced child custody lawyer in Thailand who can guide you through the process and help you understand your rights and options.

Attempt mediation or negotiation: It is advisable to first attempt mediation or negotiation with the other parent to reach an agreement on child custody. Mediation can be facilitated by a neutral third party to help resolve disputes and reach a mutually acceptable agreement. If an agreement is reached, it should be documented in a formal custody agreement.

Filing a petition with the Family Court: If mediation or negotiation fails, you can file a petition for child custody with the appropriate Family Court in the jurisdiction where the child lives. You will need to prepare the necessary documents, which usually include

Petition form: Fill in the form provided by the court.
Supporting documents: Prepare documents such as identification, proof of relationship to the child, evidence of your ability to provide for the child’s welfare and any relevant evidence to support your case.

Witness statements: Obtain witness statements from people who can attest to your suitability as a parent and the best interests of the child.

Parenting plan: Draw up a detailed parenting plan outlining your proposed custody arrangements, visitation schedule and any other relevant provisions.

Attend court hearings: After the petition is filed, the court will schedule hearings at which both parties will present their cases. The court may also appoint a custody evaluator or social worker to assess the family situation and make recommendations to the court.

Court decision: The court will consider the best interests of the child based on the evidence presented, including the child’s physical and emotional well-being, each parent’s ability to care for the child, and other relevant factors. The court will make a custody order which will determine the custody arrangements and visitation rights.

Compliance with court orders: Once the court has made a custody order, both parents must comply with its terms. Failure to comply with court orders can have legal consequences.

It is important to note that the process in Thailand may depend on the specific circumstances of the case and the discretion of the court. It is highly recommended that you seek the assistance of a qualified childcare lawyer to ensure that you understand the process and present your case effectively.

What are the different types of child custody in Thailand ?

In Thailand, child custody arrangements generally fall into two main categories: sole custody and joint custody. Each type has its own implications and considerations:

Sole Custody : Sole custody gives one parent exclusive legal and physical custody of the child. The parent with sole custody has the power to make decisions about the child’s upbringing, education, health care and other major aspects of the child’s life without consulting the other parent. The child usually lives with the parent who has been granted sole custody.

Joint Custody: Joint custody involves the sharing of legal and physical custody between both parents. Both parents are responsible for making important decisions about the child’s life. This includes decisions about education, health care and other important matters. The child may split their time between both parents’ homes, or one parent may have primary physical custody and the other parent may have visitation rights.

It’s important to note that even within these broad categories, there can be variations and nuances based on the specifics of each case. The court’s decision on custody arrangements is based on the best interests of the child, taking into account various factors such as the parent’s ability to provide a stable environment, the child’s relationship with each parent and the child’s preferences, particularly as they age.

In addition, the non-custodial parent may be granted visitation rights in sole and joint custody arrangements, allowing them to spend time with the child even if they do not have primary physical custody.

Parents involved in child custody cases in Thailand should seek legal advice to understand the specific implications of each type of custody arrangement and to ensure that the chosen arrangement is in the best interests of the child.

What is the procedure for child custody? 

The procedure for child custody in Thailand involves several steps and follows a specific legal process. Here is an overview of the general procedure:

Mediation or negotiation: Before initiating formal legal proceedings, it is advisable to attempt mediation or negotiation with the other parent. Mediation can be facilitated by a trained mediator who helps parties reach a mutually agreeable custody arrangement. If an agreement is reached, it can be documented in a formal child custody agreement.

Filing the petition: If mediation or negotiation fails, you can proceed by filing a petition for child custody with the appropriate Family Court in the jurisdiction where the child resides. The following steps are involved:

Prepare the petition: Complete the required petition form provided by the court, including your personal information, details of the child, and the custody arrangement you seek.

Gather supporting documents: Collect necessary documents such as identification documents, proof of relationship to the child, evidence of your ability to provide for the child’s welfare, and any relevant evidence supporting your case. This may include witness statements, character references, or child preferences documentation.

Submit the petition: File the completed petition and supporting documents with the Family Court. There may be filing fees involved, which vary depending on the court.

Court hearings: After filing the petition, the court will schedule hearings to review the case. The following typically occurs during court hearings:

Pretrial conference: The court can schedule a pretrial conference to discuss the issues, clarify any disputed matters, and explore the possibility of settling.

Presentation of evidence: During the hearings, both parties can present evidence supporting their case. This may include witness testimonies, documents, or expert opinions. The court may appoint a child custody evaluator or social worker to assess the family situation and make recommendations.

Examination and cross-examination: The parties or their attorneys can question the witnesses and present arguments to support their positions.

Court decision: After examining the evidence and arguments, the court will determine based on the child’s best interests. The court’s judgment will be documented in a custody order specifying the custody arrangement, visitation rights, and other relevant provisions.

Compliance with court orders: Once the court issues a custody order, both parents must comply with its terms. Failure to comply with court orders may have legal consequences.

It is necessary to note that the child custody procedure may vary depending on the case’s specific circumstances and the court’s discretion. Consulting with a childcare lawyer in Thailand is highly recommended to understand the specific requirements and effectively navigate the process.

What law applies? 

The laws that apply to child custody in Thailand primarily include the following:

• Civil and Commercial Code (CCC): The CCC is a fundamental legal statute in Thailand that addresses various aspects of civil and commercial matters, including family law. Sections 1515 to 1538 of the CCC cover parental rights and duties, including child custody.

• Child Protection Act: The Child Protection Act focuses on the protection and welfare of children in Thailand. It provides guidelines for protecting children’s rights, including provisions related to child custody.

• Court Procedures: The procedural rules and regulations of the Thai court system apply to child custody cases. These rules govern the process for filing petitions, submitting evidence, conducting hearings, and obtaining court orders.

It’s necessary to note that while the above laws provide a foundation for child custody matters in Thailand, judicial discretion and the specific circumstances of each case also play a significant role in determining custody outcomes. The court considers the child’s best interests the guiding principle in custody decisions.

Additionally, international conventions and treaties may come into play in cases involving cross-border child custody disputes, especially if one parent or the child is a foreign national. Thailand is a signatory of the Hague Convention relating to International Child Abduction’s Civil Aspect, which aims to protect children from wrongful removal or retention across international borders.

Obtaining legal advice from a childcare lawyer in Thailand who is familiar with the applicable laws and regulations is recommended to understand how they apply to your specific situation and ensure compliance with the legal requirements.

What are the requirements in Thailand? 

When determining child custody in Thailand, the court considers various factors and requirements to ensure the child’s best interests. The specific requirements may depend on the circumstances of each case, but here are some common considerations:

• Best interests of the child: The court’s primary consideration is the child’s best interests. This involves assessing the child’s age, physical and mental well-being, and emotional needs.
• Parental fitness: The court evaluates the fitness of each parent to determine their ability to care for the child. Factors considered include:
• Parent-child relationship: The strength and quality of the bond between each parent and the child.
• Ability to provide care: The capacity to meet the child’s physical, emotional, and educational needs.
• Stability: The stability of the parent’s living situation, including housing, employment, and financial stability.
• Health and lifestyle: Each parent’s physical and mental health and ability to provide the child with a safe and nurturing environment.
• Moral character: The court may consider factors such as criminal records, history of domestic violence or substance abuse, and any behavior that may impact the child’s well-being.
• Child’s preference: In some cases, particularly for older children, the court may consider the child’s choice regarding custody arrangements. The weight given to the child’s preference depends on their age and maturity level.
• Co-parenting ability: The court assesses each parent’s willingness and ability to cooperate and facilitate a positive co-parenting relationship. This includes communicating effectively, sharing responsibilities, and promoting the child’s relationship with the other parent.
• Siblings and extended family relationships: The court considers the child’s relationship with siblings and family members. Maintaining these relationships may be essential for the child’s well-being and cultural upbringing.
• Child’s adjustment: The court evaluates the potential impact of any proposed custody arrangement on the child’s emotional and psychological adjustment. This includes considering the continuity of the child’s current living situation, school, community, and social connections.

 It’s significant to note that the court has discretion in making custody decisions, and the requirements and factors considered may vary depending on the specific circumstances of each case. Consulting with a childcare lawyer in Thailand is recommended to understand the needs of your particular situation and present your case effectively.

What happens in case of violation

In Thailand, violating a child custody order can have legal consequences. If one parent violates a child custody order, the aggrieved parent can take legal action to address the violation. The specific actions and effects may vary depending on the circumstances, but here are some possible steps and outcomes:

Filing a complaint : The parent whose custody rights were violated can file a complaint with the police or the court, depending on the severity of the violation. The complaint should include details of the breach and any supporting evidence.

Court enforcement proceedings : The court may initiate enforcement proceedings to address the custody violation. This may involve issuing a summons to the violating parent, conducting hearings to examine the situation, and considering appropriate remedies.

Contempt of court : If a parent willfully and repeatedly violates a custody order, the court may hold that parent in contempt. Contempt of court may result in penalties, such as fines or imprisonment, depending on the seriousness of the violation.

Modification of custody order : If a parent consistently and willfully violates a custody order, the aggrieved parent may petition the court to modify the custody order. The court will consider the violation as a factor in determining whether a modification is warranted, and it may adjust the custody arrangement to better protect the child’s best interests.

Mediation or negotiation : Sometimes, the court may encourage the parties to mediate or negotiate to address the violation and find a resolution. This could involve revisiting the custody arrangement or setting more explicit guidelines to prevent future breaches.

 It’s essential to note that the specific consequences of a child custody violation can vary depending on the circumstances and the court’s discretion. Consulting with a childcare lawyer in Thailand is recommended to understand your rights, explore legal options, and navigate the process effectively if facing a child custody violation.