Friday, January 31, 2014

Thailand Food Drug Administration (FDA) Application Process

One of the many goals of the ThailandFood and Drug Administration (FDA) is testing, and assuring that food, drugs, and cosmetics products are safe for consumers. To do this the FDA requires approval for products based on efficacy and usage claims, from companies who wish to sell their products in Thailand through a registration process. In the following video, Anna from Chaninat& Leeds Attorney’s at Law explains the process of registering for a license with the Thai FDA for businesses that want to sell products in Thailand. The Thai FDA registration process, varies with certain products, for example, beauty products, generally takes one business day for most approvals. Products that are tested and endorsed by the FDA will usually say so on the label.  

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Thursday, January 30, 2014

Con Attorney Fails To Show In Court

Brian Goudie, from Scotland, pretended to be a lawyer and convinced a mother to pay him £180,000 to defend her son who had been accused of child sex offences reports The Daily Record before disappearing seemingly without a trace.

He failed to show in Court yesterday suggesting he has now gone on the run as a means of avoiding charges.

There are many con men impersonating lawyers, some with impressive websites and fancy names. Please always ensure you consult a licensed Thailand law firm

Under Thailand criminal law  a person impersonating an attorney is considered
 theft by deception and if someone is found guilty they can be sentenced between 3 years to 7 years in prison.

Read the full story here 

Wednesday, January 22, 2014

UK Lady Tried To Sue Solicitors For Not Advising Divorce Is Final

A disgruntled client in the UK has sued her former solicitors claiming they negligently did not advise her that a divorce would end her marriage permanently. She claims they should have told her to enter into a judicial separation because she was a Roman Catholic and it was against her religion to divorce. 

Her claim, to the surprise of few, was not successful. 

Generally speaking, if you or your spouse is currently residing in Thailand you can file for a divorce under Thai lawIf your spouse is not present or will not return to Thailand to contest the divorce, you may still be able to proceed provided that he or she has received adequate notice of the divorce action. If your spouse does not respond to service from the court, the divorce case may by default.

Related Video:

Related Articles:
 Marriage and Divorce in Thailand: When Love Turns Deadly 

Israelis Protest For Surrogate Babies Trapped in Thailand

Celebrities have joined the friends and families of Israelis who have used surrogates in Thailand, who now find their babies are unable to leave due to issues relating to passports.

It is thought approximately 65 children are affected.

According to the families, Interior Minister Gideon Sa’ar says that under Thai law, a surrogate mother is registered as the baby’s mother, so issuing a passport and transporting a baby to Israel could be considered abduction.

The contacts between the Foreign Ministry and the Thai authorities have been described as “sensitive,” with the Interior Ministry unable to issue passports until an agreement has been reached.

As Thailand lawyers, we are often asked to advise on this grey area. We find most of our clients are concerned with the following issues: 

a) place of birth and how to protect their relationship with their child in the event that the surrogate mother chooses to break the agreement and claim legal rights to the child; 
b) how to obtain legal rights as parents of the newborn; 
c) how to obtain a visa and citizenship for the child when the parents are from a different country to the surrogate; and 
d) how to ensure that the surrogate and other parties fulfill their agreements and carry the pregnancy to term. 

Regulations regarding international surrogacy/citizenship issues vary by country.

Related Video:

Related Article:
Becoming a Surrogate Online: "Message Board" Surrogacy in Thailand

Thursday, January 16, 2014

An Increase in Expats Moving to Bangkok?

It appears that more and more  expats are living in Thailand  than ever before.

It is unclear what has caused this recent trend. 

Discontentment in home country? 


Or for a seemingly more simple  life?

Thailand Lawyer 

Chaninat & Leeds specialize in Thai and international law 

Thailawforum interviewed  expat Youtube blogger, Scott Mallon, otherwise known as an American in Bangkok to ask for his views on why expats are relocating to Thailand:

International Prenuptial Agreements

Many of these couples sign prenuptial agreements while in foreign countries (international prenuptial agreement). Often, couples believe that once the agreement is signed and the couple is married, that the agreement will be effective and valid within any country.

Unfortunately, this is not the case. For example, a Thailand prenuptial agreement is invalid unless it is officially registered in Thailand before the marriage. This is not the case as with the US and the UK.

This video prepared by Thailand Attorneys Chaninat & Leeds explains more:

Wednesday, January 15, 2014

Divorce and Marriage in Thailand

In marriage in Thailand a dream or a nightmare for expats? For many the marriage is a dream, for others the dream turns into a nightmare.

Sometimes a fatal nightmare.

Thailand Family Attorneys 

Chaninat &Leeds specialize in Thai and international family law  

Britain Ian Beeston came to Asia, fell in love, bought a dream home and imagined spending the rest of his days there with his new wife.  A retired design engineer, he left the UK to find a new existence in Thailand. He met a young woman named Wacheerawan at a beer bar in the seaside resort of Pattaya and, despite the age difference, they married.

Tragically for Beeston, he didn’t enjoy his new life for long. His wife plotted to have him stabbed to death so she could enjoy his money with her secret boyfriend.

Very sadly, Beeston is not the only one to find his Thai dream turn into a nightmare. 

Read our full article here
Related Articles:  
International Divorce Cases and Prenuptial Agreements

Wednesday, January 8, 2014

Protection Of Assets In a Divorce

Some couples choose the option of drafting a prenuptial agreement prior to marriage in order to safeguard their independent assets. On the other hand, those without a prenuptial agreement in place may face a struggle to entitlement of mutual assets at the time of divorce. Protecting yourself from financial harm and being financially independent are key factors that one should take into great consideration when going through a divorce situation.

If you have an instinct that the divorce will be a long drawn out battle, there are steps which you can take action before the formal process of a divorce. Generally, in a Thailand divorce situation, the assets that were acquired prior to the marriage will belong to the original spouse. In this video, managing partner Joe Leeds of Chaninat & Leeds Law Firm discusses in brief how different types of assets can potentially be harmed and provides an approach in safeguarding assets.  

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Flicker photo credit - dno1967b

Tuesday, January 7, 2014

Husband Tries To Overturn Prenuptial Agreement

An Australian man is attempting to have his prenuptial agreement of $3.2 million overturned on the premise his former spouse lulled him into marriage and that it was not valid following the amendments to  the Family Law Act in 2009 reports the Sydney Morning Herald

His claim was denied at first instance by the trial court, who heard evidence that he was keen to enter the agreement after the demise of his first marriage and the loss of valuable assets. He has just applied for permission to appeal. 

As Thailand divorce attorneys, we are often asked about the validity of prenuptial agreements, particularly when there is more than one jurisdiction involved. In the event that the marriage ends in divorce, the location where the marriage was registered will help decide where divorce proceedings are held and what nation or state’s law is applied. International divorces raise complex issues regarding what nation or state’s court has jurisdiction and what national law is applied to the case. Asset protection should be considered at the prenuptial stage of the marriage.

Individuals have different priorities and objectives when marrying, however, and must decide which type of arrangement might fit their needs best. Consultation with a qualified attorney is always advisable.

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Fukushima’s Hidden Impacts

This is an interesting blog post by  Dr. Rianne Teule about how the affects of the Fukushima are still being felt today after the 2011 disaster. 

She reports how radiation levels are still too high, and how an electronic sign next to the road shows radiation levels instead of the speed of cars. 

Thailand Attorneys
Chaninat & Leeds specialize in Thai and international law 

She concludes by calling on the Japanese government to do more to help the people, noting that although life continues, people are scared to eat home grown vegetables and mothers are too worried to let their children play in the sand.

Read the whole post here

Flickr photo credit: Reneko 

China Destroys 6.1 Tons of Illegal Ivory

In 2012, up to 36,000 elephants were killed for their ivory. 

For this first time, on Monday 6 January, China publicly demonstrated how they are supporting stopping the illegal ivory trade by destroying 6.1 tons of seized illegal ivory reports Xi Hua Net

Governments across the world are being called on to make the illicit ivory trade and wildlife crime a priority issue, to make a financial commitment to security enforcement and to impose a complete ban on all ivory sales.

As Thailand lawyers, we were proud to take part in the recent save the elephant march which was held in Bangkok  towards the end of last year.

Watch the footage here:

Related Articles:Thailand’s Dog Smuggling TradeThailand’s New Cat Smuggling TradeWildlife Smuggling in Thailand: A Matter of ConvenienceThailand’s Dog Meat and Skin Trade

Flickr photo credit: sarahemcc