Overview of Family Law Cases under Thai Law
Thai family law, governed by the Civil and Commercial Code, addresses a range of legal issues relating to marriage, parentage, guardianship, and the welfare of individuals within the family unit. These matters are often highly sensitive and can have a lasting impact on the lives of those involved, particularly children and vulnerable individuals. Below is a summary of the most common types of family law cases in Thailand.
1. Divorce Proceedings
Divorce may be obtained either by mutual consent or by filing a petition with the court. In contested divorces, the petitioner must prove legal grounds for divorce, such as adultery, desertion, serious misconduct, or prolonged separation. The court may also adjudicate related matters, including the division of marital property and spousal support.
2. Child Custody
In divorce cases involving minor children (under 20 years old), the court must determine who will exercise parental authority. Custody may be granted to one parent or shared jointly, depending on the best interests of the child. The court may also issue orders regarding visitation rights and responsibilities for the child’s care and education.
3. Child Support
Parents are legally obligated to support their minor children. If one parent fails to provide adequate support, the other may file a claim for child support. The court will determine a fair amount based on the child’s needs and the financial status of both parties.
4. Legitimacy and Paternity Recognition
When a child is born to unmarried parents, the father does not automatically have legal rights or responsibilities unless he formally acknowledges the child. A court order for paternity recognition may be sought to establish the legal relationship, giving rise to rights concerning custody, inheritance, and support.
5. Revocation of Parental Authority / Guardianship Appointments
In cases where a parent is unfit or unable to care for a child due to abuse, neglect, or incapacity. The court may revoke parental authority and appoint a guardian. Guardians are responsible for the personal care, property management, and legal representation of the minor child, subject to court oversight.
6. Guardianship for Persons Lacking Legal Capacity
Under Thai law, a person who is mentally incapacitated, severely disabled, or otherwise unable to manage their personal affairs or property may be declared incompetent or quasi-incompetent by a court. In such cases, the court may appoint a guardian to make decisions on their behalf.
This type of guardianship applies not only to minors but also to adults who suffer from mental illness, cognitive decline, or other health conditions that impair their legal capacity. The guardian may be authorized to manage the individual's financial affairs, healthcare, and other personal matters. Guardianship proceedings require strong evidence and are carefully overseen by the court to protect the rights and dignity of the person involved.
7. Court Approval for Transactions Involving a Minor’s Property
When a parent or guardian seeks to manage or dispose of a minor’s property such as selling real estate or withdrawing large sums of money. The court approval is required. This process ensures that the minor’s assets are protected and that any transaction serves their best interests.
Family law in Thailand encompasses a wide range of legal matters that often involve sensitive personal issues. Whether it involves divorce, child custody, paternity, or guardianship for vulnerable individuals, each case must be handled with care, professionalism, and a clear understanding of the law. Seeking legal advice from experienced family law practitioners is essential to ensuring fair and lawful outcomes that protect the rights of all parties involved.
Thai Family Law and the Farang
By Joe Lynch, Australian Specialist Family LawyerAspects of Thai family law that may affect expatriates living in Thailand
(Farang ฝรั่ง is the Thai word used colloquially for westerners or caucasians, generally in a non-derogatory way but not always. It is said to be derived from the word farangset ฝรั่งเศส meaning French. It is also the Thai word for guava fruit.)
Family Law in Thailand is primarily codified in the Thai Civil and Commercial Code. The legal system of Family Law in Thailand is based on the European Civil Law system with main influences from the French Civil Law.
The application of family law in Thailand, in so far as it affects foreigners, is also regulated by the Thai Conflict of Laws Act B.E. 2481 (1938).
Jurisdiction and forum
Under Thai law there is no general distinction between foreigners and Thai nationals. If a marriage is recognised under Thai law and there is a jurisdictional basis for an application to the court then the Thai courts will entertain applications in respect of marriages between two Thai nationals or between a foreigner and a Thai national. Where there is a marriage between two foreigners the question of jurisdiction in Thailand needs to be carefully examined. The source of law for this purpose is the Thai Civil Procedure Code and specifically Chapter 1 Territorial Jurisdiction and Competency of Courts. The issues of where the cause of action arose and the domicile of the parties need to be specifically addressed.
The Thai Civil and Commercial Code is usually of assistance on the issue of domicile. Section 37 provides “the domicile of a natural person is the place where he has his principal residence”. Section 43 provides “the domicile of husband and wife is the place where husband and wife cohabit as a couple unless either husband or wife expresses his/her intention to have a separate domicile”. Where there is jurisdiction in more than one country the competing advantages and disadvantages of each possible forum need to be considered and appropriate strategic decisions made. The issue of enforceability of orders is also crucial.
Divorce
Divorces by consent
Many civil law countries accept uncontested divorces without grounds. On the other hand, countries such as the United States, England and Australia specify grounds for divorce and require the divorce to be undertaken by way of court order.
Section 1514 of the Thai Civil and Commercial Code provides that a divorce may be affected by mutual consent made in writing and certified by two witnesses. A divorce agreement can be made at any District Office. There is no formal requirement as to the format of the agreement but what is important is that both parties understand and agree to the divorce. In the case of a marriage between a Thai national and a foreigner.
Where the marriage is between a Thai national and a foreigner the marriage must be registered in Thailand. Section 26 of the Civil and Commercial Code must be complied with in that divorce must be permitted by the respective law of nationality of both the husband and the wife. The divorce agreement may include agreement reached on financial aspects and in relation to the arrangements for the children. This procedure is not available in the case of marriages between two foreigners.
Contested Divorces
If both parties cannot agree to the divorce then one party must file a petition with the Court. In order to do so the party filing the petition must have grounds for divorce and will bear the burden of proof in establishing that ground.
There are 12 grounds for divorce under Thai law.
The grounds for divorce in Thailand include 3 years separation, desertion of one spouse by the other for over one year and adultery. There are 9 other fault grounds.
Foreign divorce in Thailand
If the parties were married outside of Thailand or are both foreigners it is possible to file for divorce in Thailand but only if thee marriage is registered in Thailand and there is jurisdiction in Thailand.
However, the Conflict of Law Act provides as follows:
Section 27 Divorce cannot be granted by a Thai Court unless it is permitted by the respective law of nationality of each spouse. The grounds for divorce are governed by the law of the place where the action is instituted.
Recognition of a Thai divorce abroad
The laws in every country are different and can change frequently. You should verify that a Thai divorce is recognised in the client’s country of nationality.
Property Division on Divorce in Thailand
Applicable Law
Where there is a breakdown of a marriage between a Thai citizen and a foreigner it is possible that Courts in both countries may have jurisdiction to determine the division of property. The question of choice of forum and the applicable law to be applied becomes crucial in those cases. The Thai Conflict of Laws Act in section 22 provides “As regards property of husband and wife, if there is no antenuptial agreement, the law of nationality shall govern. If the husband and the wife are of different nationalities, the law of nationality of the husband shall govern. However, in respect of immovable property, the law of the place where it is situated shall govern.”
Property Division
Division of property on the breakdown of a marriage in Thailand is governed by what is known as a community property regime. This regime is used in many jurisdictions in the United States and in a number of other countries. There are two types of matrimonial assets in Thailand. Firstly, there is Sin SuanTua (Personal Property) and Sin Somros (Common Property). The nature of each type of property is set out in the Code.
Personal Property - Sin Suan Tua
Sin Suan Tua (Personal property) under Sections 1470 and 1471 is
1. Property belonging to either spouse before marriage;
2. Property for personal use such as clothing or tools of trade;
3. Property acquired during marriage by way of inheritance or gifts;
4. Khongman, otherwise known as an engagement gift.
However section 1470 provides “Property of husband and wife except in so far as they are set aside as Sin Suan Tua, are "Sin Somros” and section 1474 further provides “In case of doubt as to whether a property in "Sin Somros" or not shall be presumed to be "Sin Somros". This means that all property is deemed to be common property unless the person asserting that certain property belonging to him or her use personal property can prove this. This is where a Thai prenuptial agreement can, to a limited extent, be effective. Section 1472 As regards to Sin Suan Tua, if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua.
Common Property - Sin Somros
Sin Somros (Common property) under section 1474 is
1. Property acquired during marriage;
2. Property acquired by either spouse during marriage through a will of gift declared by such will or document of gift to be Sin Somros;
3. Property that is the fruit of Sin Suan Tua. In terms of paragraph 3, by way of example, if a wife has inherited shares in accompany they would be seen as Sin Suan Tau but the dividends from the company would be Sin Somros. Property that is Sin Somros is under joint control. The permission is needed of both spouses in dealing with Sin Someros.
Division of Property on Divorce
After a divorce is granted, the property is required to be liquidated. Section 1532 however creates two different time frames for the liquidation of the property.
On a divorce in Thailand by court order, the liquidation of the property will apply to the property as it was on the date of the application for divorce.
Upon the granting of the divorce the Common property - Sim Somros is divided into equal shares between the parties. `Each party is entitled to retain their respective Personal property - Sin Suan Tua.
Apart from each of the spouse's personal property Sin Suan Tua, a Thai marriage is likely to result in the creation of common property owned jointly or severally by the husband and wife (Sin Somros). All such property acquired throughout the course of the marriage is common property regardless of in whose name the title is held. Unless the parties can agree on how to divide the common property the Court will divide these assets subject to section 1472 of the Civil and Commercial Code. The general principle applies that 'benefit and income' and the fruit of each spouse's personal property (e.g. rent received from personal property) acquired during the course of the marriage will be divided equally as joint property between husband and wife. Often property of husband and wife during marriage will consist of a mix of personal and common property.
Property acquired by inheritance, legacy or gift by one of the spouses during the course of the marriage will, in principle, become a personal property of that spouse.
Transactions Which May Defeat Claims
If one of the parties has disposed, dissipated of or destroyed property that required the permission of both spouses, the spouse is liable for the disposal, dissipation or destruction of the property may be notionally credited with that property and its value is taken into account during the division of the Sin Somros
Spouse Maintenance
The basic principle is that spouses shall maintain and support each other according to his or her ability and condition in life. With that in mind, where the divorce is granted on the grounds of physical or mental health, the spouse affected on this ground may apply to the Court for authorisation to live apart while the danger persists and in such cases, the court may order a certain amount of maintenance to be furnished by one of the spouses to the other depending on individual circumstances.
If one of the parties becomes insane, irrespective of whether he or she has been adjudged incompetent or not, and the other spouse fails to give proper maintenance to the insane spouse, a guardian may enter an action against the other claiming maintenance for the insane spouse, or apply for any order of the Court to protect the insane spouse.
In other words, the courts have a wide discretion whether to make maintenance orders in divorces in Thailand although this is not often done.
Section 36 of the Conflict of Law Act provides “The obligation to maintenance is governed by the law of nationality of the person from whom such maintenance is claimed. However, the person entitled to maintenance cannot make claim in excess of what is permitted by the Thai law.”
Prenuptial Agreements in Thailand
A Thai prenuptial agreement is a contract between couples who plan to marry. Prenuptial agreements are recognised under section 1465 of the Thai Civil and Commercial Code. Thai prenuptial agreements must be registered at time of marriage Under section 1466 of the Code prenuptial agreements must be in writing and signed by both parties in the presence of at least two witnesses and registered at the District (Amphur) office at the time of marriage where the marriage takes place in Thailand or at a Thai embassy or consulate if the marriage takes place overseas. If the prenuptial agreement is not registered it is void. Prenuptial agreements cannot be varied without Court approval After marriage the prenuptial agreement cannot be altered except by authorisation of the Court. (Section 1467of the Code).
When is a Thai prenuptial agreement void?
Any clause in a Thai prenuptial agreement that is contrary to public order (the law) or good morals, or provides that the relations between the parties with regard to property are to be governed by foreign law is void (Section 1465). This requirement is a good reason not to enter into a Thai prenuptial agreement if another jurisdiction and/or forum allows prenuptial agreements that more effectively regulate the division of property on marriage or relationship breakdown.
What can a prenuptial agreement achieve?
A Thai prenuptial agreement will generally identify the property that both parties brought into the marriage and may stipulate the basis of management of marital assets rights during marriage (Sections 1476 and 1476/1). The contract should be drafted in both the Thai and the language of the non-Thai party. Each party should be independently advised by their own lawyer and evidence provided as to that advice. The agreement can only alter the parties’ legal rights on divorce to the extent permitted by Chapter IV of the Code. A provision in a Thai prenuptial agreement that the division of property between husband and wife shall be governed by foreign law is void. Under Thai law the extent to which a prenuptial agreement can dictate how property is divided on marriage breakdown is very limited. It is therefore important to understand the basis of property division on marriage breakdown under Thai law.
Agreements between husband and wife in Thailand
Under Tha law an agreement between husband and wife entered into during the marriage can be voided by either of them at any time during the marriage or within one year from the final divorce. For this reason only a prenuptial agreement between husband and wife is under Thai law a valid contract if made pre-marriage and registered in the marriage register at the time of marriage, but it is a void contract if made post-nuptial (section 1466 Civil and Commercial Code).
This is not typical for Thailand only and in many jurisdictions around the world there is limited freedom between spouses to make agreements affecting their personal assets or their relationship during the course of the marriage. Sometimes there are specific restrictions in the law (for example restrictions on employment contracts between husband and wife) or in general agreements between spouses are valid agreements but they can be voided based on undue influence (would the other spouse have entered into such contract and upon such terms and conditions if he or she was not their spouse at that time?). A contract between spouses entered into during the marriage that 6 would benefit one party more than the other could be set aside on the grounds of the presumption of undue influence (contrary actual undue influence).
De-facto or Buddhist marriages in Thailand
A de facto relationship or marriage is not recognised by law as a legal marriage in Thailand nor does it become valid after a period of time in which a couple have cohabited as husband and wife and have presented themselves to the outside world a married couple. In many countries such a de facto marriage is recognised as a valid marriage. In other jurisdictions, for the purposes of laws relating to children and property settlement, the relationship is treated as being the same as a legal marriage. The principle of a de facto marriage (whether it concerns a heterosexual or homosexual couple) is NOT recognised under Thai law.
Only registered marriages entered into the marriage register (section 1457 of the Thai Civil and Commercial Code) are recognised as legal and valid marriages in Thailand and will create the rights, duties and responsibilities of husband and wife under Thai family law.
Section 1457 (Civil and Commercial Code): provides that marriage shall be affected only on registration being made”. Section 1458 (Civil and Commercial Code): provides that a marriage can take place only if the man and woman agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the (marriage) Registrar.
Undue (Unjust) Enrichment
Parties to a de facto relationship or married parties who are disadvantaged by a void agreement with their spouse may be able to seek redress under the Undue Enrichment provisions of the Thai Civil and Commercial Code. These are in effect identical to the common law redress for unjust enrichment in common law countries.
Section 406 provides “Any person, who, through an act of performance made by another person or in any other manner, obtains something to the prejudice of such other person without legal ground, must return it to the latter. The acknowledgment of the existence or non-existence of a debt is deemed to be an act of performance. The same provision shall apply if something has been obtained on account of a cause which has not been realized or of a ceased to exist.”
Parents and Children – Custody and Parenting Law in Thailand
Parental Powers
The primary concept in relation to parents and children under Thai law is that of Parental Power. Parenting Powers are the rights exercised exclusively by parents to care for and be responsible for a child. There is no specific definition of parenting powers although this expression appears in many of the sections of the Code relating to parents and children. For example, there is reference to “parenting powers” in sections 1549, 1551 and 1567 of the Code.
Section 1567 provides that "A person exercising parental power has the right:
1. To determine the child's place of residence;
2. To punish the child in a reasonable manner for disciplinary purposes;
3. To require the child to do such work as may be reasonable to its ability and condition in life;
4. To demand the return of the child from any person who unlawfully detains it.
Section 1571 provides that the term ‘parental powers’ includes the management of the property of the child. Parental powers also have limitations. Section 1574 provides that a person exercising ‘parental powers’ cannot enter into some juristic acts, often related to immovable property, like mortgaging property, creating a usufruct interest, superficies interest, or hiring (leasing) of property without the permission of the Court.
Section 1556 provides that that only one parent shall exercise the ‘parental powers’ in the following cases:
1. The mother or the father is deceased;
2. It is uncertain whether the mother or the father is living or deceased;
3. The mother or the father has been adjudged incompetent or quasi-incompetent;
4. The mother or the father is placed in a hospital by reason of mental infirmity;
5. The parental power has been granted to the mother or the father by an order of the Court (example, a divorce judgment);
6. The mother and father have come to such agreement as provided by the law that it can be made.
Section 1568 provides "where a person who already has a child marries another person, the parental power over such child is exercised by the former person." In other words, marriage does not grant a spouse any rights over the children of their new husband or wife.
Parental Obligations and Responsibilities
Under Thai law "Children are bound to maintain their parents" (Section 1563) and "parents are bound to maintain their children and to provide proper education during their “minority.” (Section 1564)
Parental obligations or responsibilities can continue even after children become adults: “When children are sui juris (adult), parents are bound to maintain them only when they are infirm and unable to earn their living (section 1564). In Thailand 20 years of age is the age of majority (section 19).
In most Western countries, both parents of a child have equal rights and responsibilities. Under Thai Law, this is not necessarily the case. Under Section 1546, when a child is born and the mother is not married to the father, the mother is the sole person who exercises parental powers over the child to the exclusion of the father.
This is the case notwithstanding that the father may be described on the child’s birth certificate as the father or that the father can prove, for example, by DNA testing that he is the biological father.
There are three exceptions to this referred to in section 1547:
1. If there is a subsequent marriage between the parents;
2. If there is a registration made at the Amphur (District Office);
3. If there is a judgement of the Court.
The first exception is self-explanatory.
The second exception is more complex. Both parents must agree in writing that the father is the legitimate father, however, the local authorities (Amphur or Khet in Bangkok) will normally require the child to have reached the age of reason, seven or eight years, and be old enough to understand and accept what is happening.
If the child is younger and there is an attempt to register the father's rights at the amphur, the applicant, particularly a foreigner, is often told to obtain a Court Order before it is possible to legalise the rights of the father. Once a court order is obtained and the appeal time, 30 days, expires it is then possible have the father recorded as the legal father on record thus giving him parental powers.
In order to come within the third exception is necessary to commence an action in a Thai court to “legitimise a child under a Thai law".
Unmarried parents can make a simple agreement between them in relation to their respective rights and responsibilities in relation to a child but the agreement will not be enforceable by Law.
If the parents of a child are married in Thailand they both have full parental powers. If they decide to send the child to the United States to study with an uncle then the uncle will have day-to-day responsibility for the child but the Thai parents remain responsible for making decisions concerning the child and exercising or other parental powers. (See the Hague Convention on the Civil Aspects of International Child Abduction to which both Thailand and the United States are signatories). This is an example of why the question of jurisdiction and forum should be looked at an early stage and appropriate advice obtained if there is to be a dispute concerning responsibility for a child or children.
Disputes between Parents on Parenting Issues
If the parents of a child who both have full parental powers separate they are able to reach agreement as to the future care arrangements for the child. If however there is a dispute between them either party is entitled to refer the matter to the Court for determination. As is the case in most jurisdictions around the world uhe best interests of the child is the primary consideration for all decisions taken about children. If the parents cannot agree on the matters relating to the care of a child the Thai Court will base its decision on what it judges to be in the best interests of the child.
Section 1520 of the Thai Civil and Commercial Code enshrines the "best interests" principle in providing that a court must make a determination in a dispute concerning the care of a child "by taking into consideration the happiness and interests of the child."
In making a determination as to the allocation of parental powers the court will also take into account the best interests of the child in determining what time the child is to spend with the parent who does not have the day-to- day care and responsibility for the child. Such an order is referred to variously as visitation, access or contact rights or simply the right of the child to spend time with a parent.
If agreement is reached as to parenting issues it is crucial that the terms of the agreement and/or Court order be as explicit as possible so as to ensure, firstly, that the agreement or order is enforceable and, secondly, that disputes do not arise as to the implementation of the agreement or order.
If both parents were married when the child was born, and their names appear on the birth certificate, both exercise jointly their parental powers. The father has the same rights as the mother. And if one parent takes the child away, the other parent can certainly, in theory, ask the police to get the child back. But, in practice, the police will not interfere in family matters and they might tell the parent to take the dispute to the Court. Again, the Court will decide the issue in dispute according to what it determines to be in the best interests of the child. The Court will also determine as to who should have physical responsibility for the child, what visitation rights the child should have to see the other parent and as to whether maintenance for the child should be paid by one parent to the other.
If parents divorce by mutual agreement, they must specify in their agreement who will exercise parental powers and custody. It could be one or both of them. If they cannot agree, the Court will decide according to section 1520 which provides:
“In case of divorce by mutual consent, the spouses shall make an agreement in writing for the exercise of parental power over each of the children. In the absence of such agreement or an agreement thereon cannot be reached, the matter shall be decided by the Court.”
In case of divorce by judgment of the Court, the Court hearing the divorce case will also make orders in respect of the parental power over each of the children to be exercised by each party. If, in a trial, it is deemed proper to deprive a parent of parental power under Section 1582, the Court “may make an order depriving that parent of parental power and appointing a third person as a guardian, by taking into consideration the happiness and best interests of the child."
If the parents have already made an agreement or if a final judgment about divorce allows full and sole parental powers to one of the parents, it will be difficult for a Court to change that. A party will have to show that there are new circumstances or new evidence showing that it is in the best interests of the child to change the present situation. This decision is consistent with those of courts in other jurisdictions, for example, the courts in Australia have determined the parenting arrangements cannot be revisited unless there is a significant change in circumstances warranting this.
Section 1521 of the Civil and Commercial Code states:
"If it appears that the person exercising parental power of the guardian under Section 1520 behaves improperly or there is a change of circumstances after the appointment, the Court has the power to grant an order appointing a new guardian by taking into consideration the happiness and interests of the child."
Action to legitimise a child in a Thai Court
A person named as the father on the birth certificate of the child, but who was not married to the mother at birth can apply to legitimise his rights as father under section 1555. This section provides:
“An action for legitimation may be entered only in the following cases:
(1) Where there is a rape, abduction or illegal confinement of the mother during the period when conception could have taken place;
(2) Where there has been elopement or seduction of the mother during the period where conception could have been taken place;
(3) Where there is a document emanating from the father and acknowledging the child as his own;
(4) Where it appears in the birth register that the child is a son or daughter of the man who notified of the birth or such notification was made with the knowledge of the man;
(5) Where there has been open cohabitation of the father and the mother during the period where conception could have been taken place;
(6) Where the father had sexual intercourse with the mother during the period when conception could have been taken, and there are grounds to believe that he or she is not the child of another man;
(7) Where there has been a continuous common repute of being a legitimate child.
The status resulting from continuous common repute of being a legitimate child is established by means of facts showing the relationship of father and child, as evidenced by the child's connection with the family to which he claims to belong, such as the fact that the father has provided the child's education or maintenance, or that he has allowed the child to use his family name or other facts. In any case, if the man is found unable to be a father, the case shall be dismissed.”
There are usually six steps for such an action:
1. A petition must be filed with the Court
2. A counsellor will be appointed by the Court to examine and report on the background of both spouses, separately. This report is filed in the Juvenile Division and it is not presented in open Court, and lawyers are normally not permitted to be present.
3. Mediation will then take place between the parties before a trial. If agreement is reached it is recorded in writing, signed by the judge and then takes effect as a Court Order.
4. If the parties cannot reach agreement the matter proceeds to trial before a judge
5. Upon completion of the hearing the judge will deliver his or her Judgment
6. The Court Order, arrived at by judicial determination or by agreement between the parties is been registered at the Amphur office.
Upon completion of the successful legitimation hearing each parent will then jointly have full parental powers. If the relationship has come to an end it is then necessary to reach agreement as to arrangements to be made for the child or, alternatively, proceed to a hearing of the parenting dispute.
There is therefore a two-step process involved:
A) Legitimisation proceedings;
B) Determination of parenting issues.
It is possible for both steps to be completed at the same hearing. At that time the judge can also make a determination as to visitation rights, payment of child maintenance and other specific parenting issues.
Guardianship
Section 1585 defines "Guardianship under Thai Law" as follows:
"A person who is not sui juris (the Latin term for being an "adult") and has no parents, or whose parents have been deprived of their parental powers, may be provided with a guardian during minority." A Guardian can replace a parent and be granted authority to exercise parental powers. By will in Thailand, a testator can also appoint a "controller of property". The controller of property is a person who is appointed to manage the assets given to a child until the child reaches majority, 20 years of age, according to section 1686 and The Thai Civil and Commercial Code (Book VI - Succession). The controller of property can be someone other than the parents, the guardian, custodian, or curator. (Section 1687)
The Hague Convention Thailand
Thailand has been a signatory, but not a full signatory, to the Hague Convention on Child Abduction for many years. In2013 Thailand adopted the major provisions of the Hague Convention and enacted local laws to provide the machinery to fully participate in the treaty. These provisions are contained in the Thailand Child Abduction Act.
This Act permits a parent who has lawful custody of a child to apply to the Family Court to seek the return of an abducted child to the child’s country of habitual residence to allow parenting issues to be determined by the Court. The Act also established procedures for enforcing rights under the Act and established a Central Authority.
Same-sex Marriage in Thailand
Same-sex marriage is legal in Thailand as of January 23, 2025, making it the first Southeast Asian nation to enact such legislation, granting LGBTQ+ couples full rights, including adoption, inheritance, and spousal benefits, equal to heterosexual couples through the Marriage Equality Act, (The Civil and Commercial Code Amendment Act (No 24), 2024). The law replaces gendered terms in the Civil Code with gender-neutral "individuals" and "spouses," ensuring comprehensive legal recognition and protections for same-sex unions.
Legal Recognition: Same-sex couples can register their marriage at district offices nationwide and at Thai embassies overseas.
Equal Rights: Couples gain full access to inheritance, healthcare decision-making, joint adoption, and other legal benefits.
Gender-Neutral Language: The Civil and Commercial Code now refers to "individuals" and "spouses" instead of "men and women," "husband and wife".
Foreign Couples: Two foreigners, including same-sex couples, can legally marry in Thailand.
Domestic Violence Law in Thailand
Domestic violence is not only a crime, but a serious social problem that should be adequately addressed by normal civil and criminal laws. The criminal law only allows for the imprisonment or punishment of the offending parent for assault without any consideration for the effects to the family. In addition, the civil law is often useless in a case involving domestic violence committed by a parent. In 2007 (2550) the Thai government passed the Domestic Violence Victim Protection Act which not only protects the victims of domestic violence, but also seeks to punish and reform the offenders. The law allows applications to be made directly to the Court in cases involving domestic violence. The Court is able to make orders that specifically address to the individual facts of each particular case.
Under the Domestic Violence Victim Protection Act any person who commits an act of domestic violence is said to commit an offence of domestic violence and shall thereby be liable to imprisonment for not more than six months, or a fine of not exceeding six thousand baht or both.
"Domestic violence" means any act done with the intention to or in the manner likely to cause harm to the body, mind or health of a family member or to exert coercion or immoral influence over a family member in order to wrongfully cause him to do, not to do or yield to any act, but not including an act done negligently.
"Family member" means a spouse, a former spouse, a person cohabiting or having cohabited with another husband and wife without civil marriage, a child, an adopted child, a member of a household, as well as any person counting on and living in a family.
An offence under the Act is compoundable which means an offender may also be charged with any relevant offence under the Criminal Code or other laws. For example, should the domestic violence also constitute an offence of causing bodily harm pursuant to section 295 of the Criminal Code the offender may also be charged with that offence.
If the Court finds the offender to be guilty of committing domestic violence, instead of punishing the offender, the Court may “apply certain measures of reformation, treatment or correction to him, may direct him to pay an amount of relief money, carry out community service or refrain from the acts giving rise to domestic violence, or may place him under a peace bond, subject to the procedure and period of time determined by the court.”
"Court" means the Thai Juvenile and Family Court.
"Relief money" means preliminary compensation for the loss of any money or property incurred by a domestic violence victim in consequence of domestic violence, including the loss of earnings, medical expenses, expenses for new residence and other necessary expenses.
A domestic violence victim or a person finding out or becoming aware of an act of domestic violence has a duty to inform a competent authority who is required to take action under the Act.
When the information made is provided in good faith, the informant shall be protected and shall incur no liability, whether civil, criminal and administrative.
The information may be made orally, in writing, by telephone, by electronic means or by any other means.
When a competent authority becomes aware of an act of domestic violence or receives the information he shall be empowered to enter the relevant residences or scenes of action and inquire the person committing the act of domestic violence, the domestic violence victim or other persons present thereat as to the facts concerned. The competent authority shall also have the power to arrange medical examinations and treatments for the victim and direct the victim to take counsel with a psychiatrist, psychologist or social worker. If the victim wishes for a prosecution, the competent authority shall extract his complaint in pursuance of the Code of Criminal Procedure. If the victim is unable or had no opportunity to complain in person, the competent authority shall enter a complaint on his behalf.
"Competent authority" means a person authorised by the Minister to take action under the Act and includes an administrative or police officer under the Code of Criminal Procedure.