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18 December 2013

The Act on International Cooperation in Civil Matters regarding Breach of Custody Rights, B.E. 2555 ( 2012 )

Given on the 28th Day of December B.E. 2555
Being the 67th Year of the Present Reign

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to have the law on international cooperation in civil matters regarding breach of custody

This Act contains certain provisions in relation to restriction of individual rights and liberty where Section 29 together with Section 32, Section 33, Section 34, Section 35 and Section 41 of the Constitution of the Kingdom of Thailand so permits by virtue of law;

Be it, therefore, enacted by His Majesty the King, by and with the advice and consent of the National Assembly, as follows:

Section 1 This Act shall be called '' The Act on International Cooperation in Civil Matters regarding Breach of
Custody Rights, B. E. 2555".

Section 2 This Act shall enter into force after 90 days upon its publication in the Government Gazette. Section 3 In this Act:
" Child " means the person not attaining the age of 16 years.

" Custody Rights " means the right to the care of the child including the right to determine the child's place of residence, which may arise by the operation of law, by order of the court or State's authority or by reason of an agreement having legal effect.

"Access Rights " means to include the right of taking away the child from his or her habitual residence to other places within the limited time period.

"Central Authority " means the Attorney General or the person designated by him or her with power and duty to coordinate the provision of assistance under this Act.

"Court" means the Central Juvenile and Family Court.

Section 4 The Prime Minister and the Minister of Social Development and Human Security shall take charge of the execution of this Act and be empowered to issue ministerial regulations or rules for implementing this Act in accordance with their power and duty.

The ministerial regulations or rules shall become effective upon publication in the Government Gazette.

Chapter 1
Central Authority


Section 5 The Central Authority has power and duty as follows:

(1) Receiving the application for assistance from the applicant;

(2) Considering and determining whether to provide or seek assistance;

(3) Cooperating with the Central Authority or the Competent Authority of a foreign country including following
up and accelerating the prompt return of the child and fulfilling the other objects of this Act;

(4) Locating the whereabouts of the child being removed or retained under this Act;

(5) Undertaking to protect the child from harm or prevent all interested parties from an unjust treatment;

(6) Undertaking to secure the voluntary child return or to bring about an amicable and equitable resolution of the issues;

(7) Exchanging the information of the child;

(8) Providing information relating to the law of Thailand on the implementation of this Act;

(9) Undertaking to secure the effective child return or access rights exercise;

(10) Providing public prosecutors, legal counsels or advisers for securing the effective child return or access rights exercise;

(11) Undertaking other acts for the fulfillment of providing or seeking assistance under this Act.

The Central Authority's undertakings must be expeditious taking account of the child interests as importance and considering also the possibility for the Court to grant the request under Section 13.

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