Child Custody in Thailand

Child custody in Thailand is governed primarily by the Civil and Commercial Code (CCC), the Child Protection Act B.E. 2546 (2003), and relevant procedural rules of the Thai courts. It determines who has the legal rights and responsibilities for the care, upbringing, and decision-making over a child under Thai law.

This guide covers the legal basis for custody, the rights and duties of custodians, the determination process for married and unmarried parents, and enforcement issues.

1. Legal Definition of Child Custody

Under Thai law, custody encompasses:

Parental power (อำนาจปกครอง) — the legal authority to make decisions for the child’s welfare, education, religion, medical treatment, and general upbringing.
Guardianship — authority over the child’s property and financial matters.

CCC Sections 1566–1569 outline the scope of parental power, which must be exercised in the child’s best interests. The law makes no distinction between “physical” and “legal” custody as in some Western jurisdictions — custody in Thailand is a unified concept.

2. Rights and Duties of a Custodian

The custodian (usually a parent) has the right to:

Determine the child’s place of residence.
Provide education and moral training.
Represent the child in legal acts.
Manage the child’s property.

These rights are balanced by duties, including:

Protecting the child’s welfare and health.
Managing property prudently.
Preventing harm or exploitation.

The court can limit or remove custody rights if the custodian abuses their authority or fails in their duties.

3. Custody When Parents Are Married

3.1 Married at the Time of Child’s Birth

If the parents are legally married when the child is born, both parents have joint custody under CCC Section 1566.

In case of divorce:

Custody is determined by agreement between the parents and approved by the court.
If no agreement is reached, the court will decide based on the child’s best interests.

3.2 Factors Considered by the Court

The court evaluates:

The child’s age and needs.
Each parent’s ability to provide a stable environment.
Financial capacity.
The moral character and conduct of each parent.
The existing relationship between the child and each parent.

4. Custody When Parents Are Unmarried

If the parents are not married, the mother has sole custody at birth under CCC Section 1546.

For the father to obtain custody rights, he must:

Legitimize the child through:
- Marriage to the mother.
- Court judgment declaring paternity.
- Registration of legitimation at the local district office (with the mother’s and child’s consent if the child is over 15).
Petition for joint or sole custody — either through agreement or court determination.

5. Sole vs. Joint Custody

Thailand allows:

Joint custody — both parents share decision-making rights and responsibilities.
Sole custody — one parent holds full legal authority.

Joint custody is common when both parents demonstrate cooperation and capacity. Sole custody is awarded when one parent is unfit or unable to share responsibility.

6. Child Custody Disputes in Court

6.1 Jurisdiction

Custody cases are heard in the Juvenile and Family Court.

6.2 Filing a Petition

The petitioner must file a written complaint stating:

The relationship to the child.
Grounds for seeking custody.
Evidence supporting fitness to care for the child.

6.3 Evidence Considered

Witness testimony (relatives, teachers, neighbors).
Financial records.
Proof of stable housing.
School and medical reports.
Psychological evaluations, if ordered.

7. Enforcement of Custody Orders

Once the court issues a custody order:

It is enforceable under the Civil Procedure Code.
Failure to comply can result in contempt of court proceedings.
If a child is wrongfully removed, the custodian can seek a court order for return.

8. Modifying Custody Orders

Either parent can request a modification if circumstances change substantially — for example:

Relocation of a parent.
Change in financial situation.
Evidence of neglect or abuse.

The court must be convinced that the modification serves the child’s best interests.

9. International Custody Issues

Thailand is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, effective in Thailand since 2013.

If a child is wrongfully removed to or from Thailand, the convention provides a framework for cooperation between central authorities to return the child.
The Ministry of Justice acts as Thailand’s central authority.

In cross-border disputes involving a Thai parent and a foreign parent, local courts apply Thai law unless an applicable treaty or bilateral agreement dictates otherwise.

10. Real-World Examples

Case 1 — Joint Custody after Divorce
A Thai father and a British mother divorced in Bangkok. The court granted joint custody, with the mother as the primary caregiver. The father retained decision-making rights on education and health matters. Both were required to share school and medical expenses.

Case 2 — Sole Custody Due to Neglect
A Thai mother petitioned for sole custody after the foreign father abandoned the child and failed to provide support. The court awarded her sole custody, citing the father’s absence and lack of financial contribution.

Case 3 — International Relocation Dispute
A Thai mother with sole custody sought to relocate to Australia with her child. The father opposed. The court permitted relocation after determining it would not sever the child’s relationship with the father, who was granted extended holiday visitation.

11. Interaction with Child Support

Custody and child support are related but separate matters:

The non-custodial parent typically must pay child support.
Failure to pay does not automatically affect custody rights, but persistent non-payment can be a factor in modification proceedings.

12. Best Interests of the Child — The Guiding Principle

Across all scenarios, the child’s best interests are paramount. This principle, reflected in CCC Section 1520 and reinforced by the Child Protection Act, guides judicial decisions. It includes:

Physical safety and health.
Emotional and psychological stability.
Continuity in education and living environment.
Maintaining meaningful relationships with both parents, where possible.

13. Key Legal References

Civil and Commercial Code — Sections 1520, 1546, 1566–1569.
Child Protection Act B.E. 2546 (2003).
Civil Procedure Code — Provisions on family court proceedings.
Hague Convention on the Civil Aspects of International Child Abduction.

Conclusion

Child custody in Thailand is a legally structured yet flexible system designed to serve the child’s best interests. Whether parents are married, divorced, or unmarried, the law provides mechanisms for establishing, enforcing, and modifying custody rights.

Understanding the legal framework, procedural steps, and evidence required can significantly improve the chances of a fair outcome — one that safeguards the welfare of the child above all else.