Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines


The content of Thailand Law Forum is provided online with the assistance of Bangkok law firm Chaninat and Leeds.  Chaninat and Leeds provides legal services to international clients, and staffs experienced Thailand divorce attorneys.


Chapter 2
Provision of Assistance to a Foreign Country


Part 1
Seeking Assistance


Section 6 The person who claims the breach of his or her custody rights may request the return of the child removed to or retained in Thailand to the habitual residence of the child in a foreign country immediately before the removal or retention by filing an application with the Central Authority of that country or the Central Authority according to the regulation the Central Authority prescribes.

The application for assistance shall contain:

(1) The information relating to the identity of the applicant, the child and the person alleged to have removed or retained the child;

(2) Where available, the date of birth of the child;

(3) The grounds in support of the request;

(4) All available information relating to the whereabouts of the child and the identity of the person with whom
the child is presumed to be;

(5) Other documents and evidence as prescribed under the Central Authority's regulation.

Section 7 Upon receiving the application for assistance, if it contains the details and documents prescribed in Section 6 paragraph 2, and is eligible to provide assistance, the Central Authority shall provide it as prescribed under this Act or file a request with the Court.

If the application does not meet the requirement for providing assistance or it may be provided under certain conditions or there exists some difficulties, the Central Authority shall notify the refusal of providing assistance together with the reason thereof or notify the necessary conditions or the difficulties to the applicant.

Where there exists a reason to believe that the child is in the other State being the party to the Convention on the Civil Aspects of International Child Abduction, the Central Authority shall promptly transmit the application to such Contracting State's Central Authority and then inform the applicant.

The Central Authority may refuse the application if it affects the sovereignty, security or other crucial public interests of Thailand.

Section 8 The applicant may ask the Court to review the Central Authority's decision in refusing to provide assistance under Section 7 within thirty days as from the day of receiving the notification of its refusal.

The Court's judgment shall be final.

Section 9 The Central Authority's refusal of the application for assistance under Section 7 does not deprive the rights of the person claiming the breach of his or her custody rights to exercise his or her own rights by filing a request directly with the Court.

Section 10 In providing assistance under this Act:

(1) The Commissioner‐General of the Royal Thai Police and the Permanent Secretary of the Ministry of Interior shall undertake to locate the child's whereabouts as notified by the Central Authority and inform it of the result thereof;

(2) The public prosecutor shall have power to file a request with the Court to order the return of the child;

(3) The public prosecutor shall have power to provide assistance under the request for assistance forwarded by the Central Authority. Upon learning of the child's whereabouts, before undertaking other acts, the public prosecutor may file an application with the Court for an injunction prohibiting any person from removing the child from the whereabouts unless the Court otherwise orders.

(4) Where there exists a reasonable ground to believe that the Court's injunction under (3) will be breached, or the child may be injured or there may be other acts likely to impede the proceedings under this Act, the public prosecutor shall file an application with the Court for an order granting him or her to undertake whatever necessary and suitable for committing the child under the protection and care of the Ministry of Social Development and Human Security, and the police official, upon being requested, shall provide assistance to the public prosecutor.

Part 2

Protection and Care of the Child pending the Return Proceedings


Section 11 The Ministry of Social Development and Human Security shall have duty to admit the child in Section
10(4) under its protection and care until the return proceedings is complete or the Court otherwise orders.

The protection and care under paragraph 1 shall be in conformity with the regulation the Ministry of Social
Development and Human Security prescribes and it shall include:

(1) Providing the checking up of physical and mental health as well as the treatment and remedy for the child;

(2) Providing the suitable and sanitary shelter, bedding, clothing as well as sanitary and sufficient food for the child.

Next Page
[1]  [2]  [3]


© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)