Friday, December 20, 2013

Child Abduction Law in Thailand

Child abduction issues arise when one parent removes a child from the child’s habitual residence country in a custody dispute.

Thailand family attorney, Jiraporn Thongpong explains, “parental custody rights in Thailand are set out in the Thailand Civil Code and other Thai laws. The Thai court will look at the “best interest of the child” when considering custody cases. Traditionally child abduction cases have been handled as domestic law matters according to the Thailand Civil Code. However, Thailand Parliament has recently enacted the Thailand Abduction Act”.

Jiraporn continues, with the passing of the Thailand Abduction Act, Thailand will now have authority to enforce actual custody rights in international custody cases pursuant to the Hague Convention. Although Thailand has been a signatory to the Hague Convention on Child Abduction for many years, Thailand has only recently passed a domestic law to allow enforcement of the provisions of the Treaty within Thailand

According to Abduction Act, a parent would have the right to file a complaint for the return of a Child to the Child’s State of habitual residence if the other parent breached the Parent’s custody rights and removed the Child from the Country of their normal residence.

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