Jurisdiction Of A Thai Court

[eutin45]

I am in thai court for a divorce since December 2009. As the parties cannot agree it goes on and on and on again.

My son 5 years old was born in Thailand, his mother is Thai. He is a german citizen with a german passport. Does a thai court have jurisdiction in regard to child custody when the child is citizen of another country.

Can someone answer that question?

RJ

[singa-traz]

Your child is also Thai, as the mother is Thai.

[Mario2008]

First of all, the child is also Thai because the mother is Thai. He is also a Thai citizen because the mother is Thai.

Yes, the Thai court has jurisdiction in this case as you both live in Thailand and the child is in Thailand. If you would go to a German court a Thai court would not uphold a decision of a foreign court but makes his own decision.

But it doesn't matter, your rights as a parents are just as well protected under Thai law as under German law. Thai judges are not biased against foreigners and will make a ruling based on what is best for the child.

[Rama]

9 months in divorce court is not long. In other countries it can go on for years. Don't try and do a "run" to Germany with your child. Your soon to be ex can bring child kidnapping charges against you and have the child returned to her and you in jail, whether you're in Germany or not. Your child has dual citizenship.

[paully]

Does a thai court have jurisdiction in regard to child custody when the child is citizen of another country [/Quote]

The short answer is: yes, if the child is still in Thailand.

Has the Thai court made any form of order, such as an interim (temporary) order, regarding the child and who he should live with? Thailand is not a full member of the Hague Convention on International Child Abduction - most western countries, including Germany, are - but normally courts take orders made regarding children seriously even those made by non-Hague Convention members.

[MikeyIdea]

9 months in divorce court is not long. In other countries it can go on for years. Don't try and do a "run" to Germany with your child. Your soon to be ex can bring child kidnapping charges against you and have the child returned to her and you in jail, whether you're in Germany or not. Your child has dual citizenship.

Funny that a post containing incorrect information gets a good rating

OP, listen to Mario2008, he knows Thai family law and has good experience

Thai law does not recognise the term parental kidnapping, it does not exist, full stop. A german court would not put you in jain and have the child returned to the mother. Still though, I of course do NOT recommend you to make a run with your child, the child has the right to both a father and a mother and and your best chance of getting a good deal in court is just to let them know that you are a good parent. Leave it to the mother to say things like that she doesn't want to see you and you show them how good a parent you are and talk about that it is important for the child that the father and the mother can communicate with each other... As Mario2008 says, possession of the child will be decided based on the what is best for the child, without bias against either fathers or westerners

Remember that legal minimum child alimony in Thailand is around a hundred bath per day and that wife alimony is zero bath per day. I am of course not saying that you should pay that little in child alimony but if money is power in your case, then make sure that you get plenty of possession of the child for what you pay over a hundred bath per day. It can take another 9 months but it won't go on forever

Good Luck