Family Law Cases

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Family law cases

1)  Divorce Case

2) Adoption Case

3) Compensation Claim Cases 

4) Partition of Property Cases

5) Marriage Price Revocation Cases

6) Antenuptial Agreement Cases

1. Child Custody

This type of disputes can happen between married couples who are seeking divorce or unmarried couples. In accordance to Thailand’s custody laws, both parents are fully entitled to child custody. According to Thai Laws father is the legal parent in the case that it is proven biologically.

● Father’s Rights

Right tilted to the father is a matter of legal paternity which is different from biological evidence. The main problem for most cases is the proof of legal fatherhood. Cases can be opened by fathers seeking their right, or by mothers who are seeking to aquire child support or other duties bore by fathers. 

● Best Interest

In Thailand, child custody matters are under the authority of Thailand’s Family Courts. The main consideration by the courts are what outcome would be in the best interest of the children under dispute.  This is evaluated by the court by looking among other things, into the parents behaviour and the development of the child.

● Social Worker Analysis

The Observation and Protection Center is an entity that is under the family courts of Thailand. It’s just is to send social workers to the parents and children involved in the case to evaluate different aspects of the situation. They will prepare a report which would be send the family courts in Thailand to assist them with their verdict on the case. 

● Child Custody Attorneys in Thailand

At Ratchada Law Firm, We have years of hands on courtroom experience regarding a variety of different domestic disputes. Our main point of interest is child custody cases and protecting the interests of our client. We approach this with utter compassion, patience and understanding as these are very sensitive cases and determines the best interest of the children under dispute. We position ourselves as both protector of interests of our client as well as compassionate counsel to solve problems peacefully.

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2. Thailand Child Support

When it comes to divorces or domestic disputes in Thailand, one of the main problems is the child support especially with children born out of wedlock. Mostly the mother asking the father to commit to child support. It is also a possibility that a father with custody rights request the mother to provide financial support. In case that the father and mother are able to come to an agreement with regards to child support, this agreement is usually put in writing as settlement agreement that can be a part of the dicorce documentation in Thailand. If this agreement is possible, then this agreement can be registered with the district office for future reference. This is also a possibility if the parents of the child under dispute are not legally married to reach such agreement or submit a court case for child support. These cases are judged by judges in the Family Courts and Central Juvenile of Thailand.

3. Child Abduction Cases in Thailand

In Thailand, the term child abduction or kidnapping is applied to instances where a child under custody dispute is taken by one parent to another country with a separate legal jurisdiction. This usually happens to avoid the verdicts of courts in Thailand or outside Thailand.  Whether this happens within Thailand, or the child is taken inside or outside Thailand, international family law as well as Thailand family law will be implemented. 

The first step is to establish contact with a competent family lawyers in Thailand to file a police report at the Thai royal police, which would follow filing complaints with the authorized court. Based on the complexity of the case or circumstances, the family lawyer in Thailand may also file a police report at the other country’s embassy in Thailand or issue a formal request for the case to be followed with the Hague Treaty. In case there are criminal charges involved, criminal case shall be filed to the authorities. 

The Hague Convention on the Civil Aspects of International Child Abduction can be used to pursue a child abducted by a parent to another country which includes Thailand. The Hague Treaty on Child Abduction is practiced with the governments that agreed to the treaty but may require an attorney to provide the proper documentation and submission to relevant authorities to revive the abducted child. Thailand is a signatory of this treaty and has also adjusted it’s domestic laws to enforce the mentioned treaty within the Thai legal system, meaning that parents who are facing an abduction situation can pursue their case according to the Hague Convention on Child Abduction.

The first step in the retrieval of a child who has been taken to Thailand is the establishment of custody rights of the child in Thailand Family Courts. A court order signifying the custody can then be used by the parent to gain the necessities to facilitate the retrieval of the child. The enforcement of this court order shall be handled by Thailand court and relevant police officials. In some cases, there is a need for a police report a well.  For international cases, the procedure outlined by the Tha Child Abduction Act may be applied. 

4. Thailand Marriage

At Ratchada Law Firm our specialized Lawyers in Thailand marriage law are professionals in the arrangement of legal administrative marriages for foreigners. Marrying in Thailand is always a beautiful and fascinating experience. Many tourists choose to register their marriage in Thailand because of its lavish and scenic  islands and resorts. In other cases, it’s just normal procedure of international marriage registration between expat or foreigners marrying Thai Individuals. Thailand also offers a great place to register marriage for people who have issues doing so in their own countries.

The marriage registration in Thailand is quite easy. For foregien individuals who want to get married in Thailand, they need to request a clearance from their relevant embassies. There might be a different process depending on each embassy so the best approach is to contact the embassies directly. The clearance includes the name of the foreigner as well as other details such as citizenship and the legal requirements for marriage. This document will have to be translated into Thai and legalized by a competent authority of Thai law. When all the documents are in place, the civil marriage can then be registered at the Thai district offices.

In Thailand, it is possible for foreigners to register marriages with Thais or other foreigners, so long that the requirements abided by. A legally registered marriage in Thailand is internationally recognized in most countries. For individuals facing issues in their own countries when it comes to marriage registrations thailand is a great place to consider. Apart from that, Thailand being an international prime tourist destination, offers a lot of options when it comes to location and resorts all over the country. 

If you are looking to involve prenuptial agreements in your marriage, especially with the ones that involves international matters, Thailand’s legal system usually upholds and enforce prenuptial agreement compared to other western countries legal systems, should the agreement is done according to the Thai Law. 

Including the time required to get the necessary paperwork from the embassy, having those documents translated and legalized and also registering the marriage at the local district office, the process should be done in less than 3-4 working days. If there are delays or complications with the embassy issued documents, the process may take a bit longer. 

It is always a good idea to use the services of a competent law firm to facilitate the marriage registration process in Thailand. The law firm can ease the process of obtaining the required embassy issued documents and can help you with the translation and legalization of the documents. For US citizens wanting to bring their Thai spouse to their country, a competent Thai Lawyer familiar with the process can help you go through the process much easier and faster

It is possible to do the paperwork yourselves but it will be a very time-consuming procedure. You will need to travel to different parts of Thailand to many different government offices to obtain the documents you need and you may have issues if you don’t speak thai while obtaining those documents. If you are in Thailand to enjoy your holidays in Thailand while registering your marriage here, it would be very draining process, turning your holiday season into a paperwork nightmare. In case there is a prenuptial agreement within the marriage agreement, then you will need a competent law firm to make sure you do it according to the proper guidelines to make sure it is internationally and locally valid. If this agreement is done by an inexperienced lawyer, and when the day comes to put that into practice it might not be valid under thai or international laws. 

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5. Prenuptial Agreements in Thailand

Although governing laws are different and quite subjective in most countries, individuals with a considerable amount of assets and net worth, or people who are unsure about their financial future, may find having a prenuptial agreement in place something worth considering. In the case that divorce occurs, a prenuptial agreement can be quite useful when it comes to dividing your assets and finances. In the case that such agreement is not in place, you may experience a court verdict or the governing laws of the country where the dicorve is taking place unfavorable to your best interests. 

The main difference is that, according to Thai law, a prenuptial agreement is null and void unless it is officially registered in Thailand before the marriage. The main contrast between Thai laws and the laws in most western countries is that if a prenuptial agreement is not registering officially in Thailand before the marriage event takes place, then it’s of no value whatsoever as opposed to the US or many other western countries where this agreement is a private matter and does not require official registration. If you are a foreign individual and you are looking to bring your Thai fiancée to your home country, you will need a competent family law lawyer in Thailand who is completely familiar with the jurisdiction process and the legalities surrounding family laws in both countries to make sure the prenuptial agreement is structured in a way that will be valid in both countries. 

When it comes to divorce incidents, the country where the marriage was initially registered determines where the divorce proceedings will take place. Based on our experience at Ratchada Law Firm, it’s always best to register your marriage and prenuptial agreement in Thailand since there is a better chance that your assets are protected under Thai law compared to other western countries. 

According to laws in Thailand, you are able to list the properties you own and separate them into two groups of joint and individual assets. How the finances are going to be managed during marriage is also something you can mention in the prenuptial agreement but limitations on child support cannot be included in the agreement.  

6. Divorce Lawyers in Thailand

If either you or your spouse is currently living in Thailand, you can file for divorce in Thailand. If the divorce request is with the consent of both parties, then the process is relatively easy. If one party is not consenting to the divorce proceeding, then things can get complicated with the Thai judiciary system. Since the process is quite sensitive and there are a lot of details involved in the proceedings, then it is in your best interest to always hire a competent divorce lawyer in Thailand. 

If you have managed to register your marriage at a district office in Thailand, you can file for an administrative divorce in Thailand. If both and your spouse are willing to proceed with the divorce proceedings, If both parties are willing to move forward with the divorce, then you have to make sure that there are no disagreements with regards to child custody or asset division. If there are assets that needs to be divided or disagreements are present with regards to child custody, then it is advised that you hire a divoce lawyer in Thailand to help you through the administrative divorce process. It is always a good idea to have a draft of the divorce agreement prior to visiting the district  office to register the divorce. Officials may have questions for you with regards to plans for the future, the current financial status, and children. If things are in good order, then the divorce documents shall be certified by two additional witnesses. 

In the case that your spouse in not consent to the dicvorce, then your option would be “ divorce with a cause”. There has to be sensible reasoning behind the causes and personal appearance in court is required. The following can be considered grounds to file for divorce with a cause:

* Being separate from your spouse for at least 3 years or more

* Abandonment for a period of over 1 year

* Marriage of the husband to another woman

* The wife engaging in adultry

* One spouse is guilty of criminal or other offenses

* Imprisonment of one spouse for more than 1 year

* Physical or mental harm inflicted by each party

* Lack of financial or marital support

* One spouse suffering from serious mental illnesses for more than 3 years

* One party engaging in serious misbehaviours 

* One spouse suffering from incurable illnesses 

* One spouse suffers from disability that overshadows that ability of normal coexistence

If you and your spouse are in agreement with the divorce proceedings then you still both have to be present at the district offices in Thailand but if there are contested issues with the divorce then a court ruling will be required. In the case that one party lives overseas, then a lawyer can file the divorce papers on their behalf. With that being said, you still have to be present at the courtroom for dicorce hearings. If one party will not be coming back to Thailand at anytime, them it process can be done with proper notification of the absent party. A service is required by the Thai court and if the absent party does not respond, then the divorce can happen by default. 

In Thailand, community property laws are applied which means if a divorce takes place, them the assets that each individual has owned before the marriage can remain under their names. What is acquired during the marriage period will be considered to be a community property which means both parties have ownership claims on them. The laws governing such issues are quite complex and they are determined by the court on a subject basis. Outstanding debts from the period of marriage regardless of the subject matter would be a shared responsibility of both parties. 

So long that the prenuptial agreement is done according to the governing laws in thailand they are considered valid. If done properly, prenuptial agreement in Thailand are also valid in other countries.

7. Child Adoption in Thailand

In Thailand, how the child adoption process takes place depends on what country the adoptive mother and father are from as well has the needs and age of the child who is being set up for adoption. Thai Government is very rigid when it comes to they selection process of orphan children in Thailand. The process is closely monitored by the government and only people with high qualification will be allegeable to adopt a child from Thailand. 

● Adoption Process in Thailand

Child adoption in Thailand is handled solely by DPW which stands for the Child Adoption Center of the Department of Welfare With no legally authorized private agencies for facilitating the adoption process with international parents. With that being said, there are private agencies licenced to work with DPW that serve as matchmakers between orphan children in Thailand and international parents with all the application again being processed by the main governmental agency. This process is very much reliant on the expertise of the lawyer and the agency hired by the adoptive parents in Thailand  as well as their home country and general status. The process for adopting children from Thailand can vary depending on the agency or lawyer that facilitates the process from Thailand and the laws of the adoptive parents’ home country. You have to make sure you hire a competent international lawyer who can also take part in the facilitation process of the visa issuance in the home country of the adoptive parents.

● Adoption Requirements in Thailand

In the case that a couple is planning to adopt a child from Thailand, they must possess the following requirements to be considered: a) The couple must be legally married, b) Both mother and father looking to adopt must be above the age of 25 c) They must be much older than the child their are aiming to adopt d) The parents must have the legal qualifications for adoption in their own countries.  The law in Thailand ensures that the agency responsible in the home country of the adoptive parents to be confirmed by the responsible governmental agency in their own country before DRW considers to process their application. At Ratchada Law firm out child adoption lawyer can help you during the adoption process in thailand which includes submitting the application, visa requests and process in the home country of the parents. Ratchada Law Firm is and international Law firm with English speaking Thai lawyers as well as foreign lawyers to assist you every step of the way. 

8. Child Surrogacy in Thailand

There are a variety of reasons why a couple chooses to go with the option of surrogacy to conceive children as an alternative to the natural process. Even Though the science of medical technology is quite advanced when it comes to IVF pregnancies and surrogacy worldwide, the laws surrounding the process are quite outdated and underdeveloped to match the current social needs of many countries. One of the most complicated legal issues surrounding the topic raises when the surrogate mother is comes from a country outside where the parents are from. 

● Surrogacy laws in Thailand

At this point in time there are no laws or published decisions to put any sort of practice into law in Thailand with regards to child surrogacy. Many agencies and fertility clinics actively provide egg donors and surrogate mothers to their clients in Thailand. These practices are considered to be in the grey area of medical practices in Thailand and the country’s medical council still reserve a conservative approach to the whole subject matter. 

● Surrogacy Process in Thailand

There are important subjects that people involved in the process have to take into consideration a) How to approach the matter and the relationship with the children in case the surrogate mother choose to keep the child as her own on a legal basis b) How to make sure legal rights to the conceived child is claimed; c) Obtaining visa for the newborn in the case that the parents live in a country other than where the surrogate mother is from.

● Surrogacy Lawyers in Thailand

The legal issues and solutions provided are mostly evaluated on a case by case basis. There are a variety of things involved in the process such as the nationality of the parents, the form of practice being adopted as well as clinic and medical facilities involved in the process.  At Ratchada Law firm, we are quite experienced when it comes to IVF, Egg donation and legalities surrounding surrogacy in Thailand. 

9. Paternity Rights in Thailand

Like in many other countries, in Thailand paternity rights are either assigned to the mother through marriage, court decisions or official registration. In the case that a man is the biological father of a child, they are able to maintain a relationship with their child but in the case that they do not meet the necessary qualifications, they may not be given the legal rights to their children.

● Foreign Father Rights in Thailand

The laws applied to foreign fathers are essentially no different from what is applied to a Thai father.   In order to obtain such rights, one must either be married to the mother or pursue a legal case to achieve those rights. One of the tipping points of foregin parents is the establishment of the citizenship rights for their children born in Thailand in their own countries. Pursuing such subject matter has things to do with both the laws in practice in their home countries as well as the ones in Thailand which makes each case unique.

● Establishment of Paternity Rights in Thailand

Proving paternity outside marriage in Thailand require court cases and a process of registration. Each embassy depending on the laws in practice in those countries have a different process in terms of establishment of rights to a foreign parent. It is quite likely that it would involve providing documents such as DNA tests and court order in Thailand among other things. 

10. Thailand Guardianship

In Thailand the rights to assign a guardian to any person who lacks the skills required for proper decision making is under the authority of the Thailand’s court. The reason behind such a scenario would be that a person is not physically or mentally fit to take care of themselves. This would also be implicated to children with parents who are no longer able to practice their parental responsibilities. The guardians appointed by the court will hold the authority to make decisions for the ward(the person under guardianship). This involves decision making when it comes to medical matters, property and asset management, finances, social relationships with other individuals as well as housing and subject related to it. In order to obtain guardianship according to Thailand’s legal system, the person is usually must be a family member. To start this process there are two steps that need to be taken. The first is the establishment of ward’s lack of ability to take care of themselves properly. The next step is the process of appointment of a guardian by the court of law. In some cases the court provides limited guardianship with a limited authority to individuals.  This would enable the ward to maintain some of their rights while limiting the authority of the guardian on certain matters. This can range from making certain decisions about their lives such as when it comes to finances or medical decisions. In the case that the guardian fails to take proper care of the ward and fail to report regularly to the court, their guardianship authority will be terminated according to the laws in Thailand. At Ratchada Law Firm out attorneys have years of first hand experience and knowledge of guardianship cases. We have worked with both local and international cases and will be able to assist you every step of the way.