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Child Support in Thailand

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Child support in Thailand is a parental responsibility and part of ensuring that children have the financial resources they need to thrive. A legal professional experienced in Thai family law can assist with navigating the process and advocating for an arrangement that prioritizes your child’s well-being.

Parents can settle child support issues through mutual agreement or a court order. The amount should be reasonable and cover basic expenses, such as education, healthcare, and food and shelter.

Enforcement

Under Thai family law, parents have a legal obligation to support their children until the child is of age. The amount of child support that must be paid is determined by the court based on the needs of the child, including food, shelter, clothing, medicines, and education. Child support can be settled through a written agreement or by a court order, and it is often included in a divorce settlement.

Disagreements over the appropriate amount of child support are common, and can result in lengthy legal battles. However, mediation is often available to help parents reach an amicable settlement. If the parties cannot reach an agreement, a court will make a determination based on relative incomes, expenses, and assets. The court will always consider the child’s best interests when determining a reasonable child support payment amount.

The courts take child support enforcement seriously in Thailand. Non-payment can lead to severe penalties, including fines and imprisonment. In addition to wage garnishment, the courts can also seize assets such as bank accounts to recover unpaid child support. This process can be especially challenging in cases where the parents live in different countries, and an experienced lawyer is critical for navigating these complex legal issues.

Modifications

Child support is an important aspect of Thai family law, and it is designed to ensure that children receive financial assistance from both parents regardless of their marital status or living arrangements. The legal framework governing these payments promotes fairness and equity by considering relative incomes, expenses, and assets when determining appropriate amounts. However, navigating these issues can be challenging. For more information, consult a reputable Thai family lawyer.

In Thailand, both parents are legally bound to financially support their children until the child reaches the age of majority or completes their education, whichever occurs first. This obligation can be established either by mutual agreement between the parents or through a court order. This money should cover the costs of raising the child, including food, shelter, clothing, medicine and education. It should not be used for the parent’s own benefit.

Single mothers are entitled to demand support from the father of their children, although unmarried biological fathers do not have custodial rights unless they legitimize their relationship with the child in a district office. Both types of parents can also resolve their child support issues within a divorce case by agreeing on a set amount.

While non-compliance and international issues can complicate matters, a knowledgeable family lawyer can help you understand your legal options and ensure that your child’s needs are met.

Non-custodial parents

Under Thai law, both parents are obligated to provide financial support for their children until they reach legal age. This can be settled through a mutual agreement or by court order and should cover basic expenses such as food, shelter, clothing, medicine and education. However, the money cannot be used for the parent’s own benefit.

When calculating child support, the court takes into account the relative incomes of both parents as well as the cost of raising the child. The court also has significant discretion in determining the amount, balancing the child’s needs with the parent’s financial capabilities. If the non-custodial parent’s income fluctuates, they can file a petition for modification.

While the process is simple in theory, there are several challenges with implementation. For example, enforcing child support can be difficult if the non-custodial parent is self-employed or has variable income sources. It is important that all parties work together to develop and implement a strong enforcement system for child support.

The Family Court monitors compliance with child support orders and can take action to enforce the terms of an order, including wage garnishment, property liens, seizure of assets, and suspension of certain licenses. This provides a strong incentive for both parents to comply with the terms of the order and ensures that the children receive the necessary financial support they deserve.

Foreigners

Under Thai family law both parents are legally bound to financially support or maintain their children until they reach legal age (20 years old) or complete their education. This obligation can be settled by mutual agreement or through a court order and should cover expenses like food, shelter, clothing and medicine. It is important to note that the child support should not be used for the parent’s personal benefits.

Unmarried biological fathers in Thailand do not have custodial rights unless they acknowledge themselves as the father through the process of legitimization which can be done through a district office. This step is necessary to protect the rights of the father and ensure that the child’s birth certificate reflects his name and details. It is also a prerequisite for visitation rights.

When it comes to disputed child support cases, the courts generally look at the relative incomes of the parties, as well as their expenses and assets to determine an appropriate amount. If there is no agreement, the court can use international conventions to enforce support payments. In addition, a foreign noncustodial parent may have the option to obtain a visa based on his or her dependency on supporting their Thai child. However, this type of visa is not available to everyone and requires specific documentation. For those seeking this type of visa, it is highly advisable to consult with a lawyer.

Child Custody in Thailand

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Child custody issues can arise when married or unmarried parents separate in Thailand. Parents can create a custody agreement detailing how their children will be cared for including visitation and child support in Thailand.

While the mother is normally favoured in a Thai court case, it is not impossible for fathers to obtain full or partial custody of their children provided they can prove legal paternity and register legitimation.

Child Support

Child support is a crucial aspect of Thai family law, ensuring that children are protected after parents separate or divorce. The system prioritizes the best interests of the children, ensuring they have access to essential services such as food, education, and medical care.

The amount of child support that a parent is obligated to pay is typically determined by a court, taking into account the financial resources of both parties as well as the specific needs of the child. The aim is to preserve the child’s standard of living as close to what it would have been if the parents were still together.

When it comes to children born out of wedlock, the father is not automatically bound by Thai law to provide financial support unless he acknowledges his paternity through a legitimation process. This is why it is important to seek the assistance of a qualified lawyer in Thailand when dealing with custody and child support disputes.

The government takes enforcement of child support seriously, and provides a number of mechanisms to ensure that court-ordered payments are made. Those who fail to pay are subject to legal penalties such as wage garnishment, property seizure, and in extreme cases, imprisonment. The flexibility of the system allows for equitable solutions to be tailored to each individual case. In addition, both parents are able to modify the terms of their agreement with a change in their circumstances.

Sole Custody

When sole custody is granted, one parent has exclusive rights to make decisions regarding the child’s health, welfare, and education. The other parent may still have visitation rights but has no decision-making authority over the child’s life.

Custody arrangements can be determined through a mutual agreement between the parents or by court decree. When a custody agreement is approved by the court it is legally binding. If a parent fails to comply with the terms of a custody agreement, the other parent can petition for enforcement.

For married couples undergoing divorce in Thailand, they can come up with an agreement on how custody and visitation will be handled. They must both sign the agreement and submit it with their registration of divorce. The court will review the agreement to see if it serves the best interest of the child.

For children born out of wedlock, Thai law gives the mother full custody of the child. This means that the biological father has no legal rights over the child unless he files for legitimation of the child. In this case, the court will determine whether or not he is suitable to exercise parental powers over the child. If the father is found to be suitable, then he can file for custody of his child along with his petition for legitimation.

Joint Custody

Child custody in Thailand is usually decided by a family court, but can also be settled through an agreement between the divorcing parents. The court will typically honor such an agreement if it serves the best interests of the child. If the parents are unable to agree, the court will make a decision based on several factors, including: The health and mental state of the parents. Any history of substance abuse or criminal behavior by the parent may disqualify them from custody. The strength of the child’s relationships with siblings and extended family members.

Gender is not a factor in Thai child custody proceedings, and neither is religion, except to the extent that it may affect the child’s well-being. However, the courts are typically influenced by the wishes of the child (if they are old enough to express them).

When parents have joint custody, they share legal and physical power over the child, but one parent has primary responsibility for day-to-day decisions. They must also share financial responsibilities and provide a safe, loving environment. Whether you are facing separation or divorce, our experienced lawyers can help you navigate the complex issues surrounding child custody and visitation rights in Thailand. Our priority is always to ensure that the needs of your children are met. Contact us today for a free consultation.

Legitimation

While people often assume that child custody issues only arise for married couples who are seeking a divorce, the reality is that these types of situations can also affect unmarried couples. As such, it is important that anyone facing custody issues should speak to a Thai family law lawyer as soon as possible.

In most cases, children are considered solely the property of their mother under Thai law. However, fathers can obtain custodial rights by completing a legal process known as legitimation. This is an important step that can also allow children to claim inheritance rights and carry their father’s surname.

The court will consider a variety of factors when making a decision on custody, including the relationship between the child and his or her parents, siblings, and extended family members. It will also evaluate the potential impact that any proposed arrangement may have on the child’s emotional and psychological adjustment.

In general, courts will favour the mother in obtaining custody because she is the one who generally nurtures young children. Nevertheless, the court takes into consideration the best interests of the child, which is usually in line with Western family law principles. If either parent is deemed to be an inappropriate guardian, the courts will consider terminating their parental rights. In these instances, extremely strong evidence must be provided in order to have a successful case.

Marriage Registration in Thailand

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For foreigners, getting married in Thailand can be a complicated affair. This is especially true if you require your marriage to be registered in the country of your residence or for it to be recognized abroad.

For the purpose of marriage registration, both parties must present themselves in person with their passports at their home embassy in Thailand to complete declarations that they are single and free to marry under Thai law. Then the embassy documents are brought to a local district office for legalization.

Affirmation of Freedom to Marry

If you’re planning to get married in Thailand, there are some important steps you need to take if you want your Thailand marriage to be legal under Thai law and internationally recognized. The first step is to obtain an Affirmation of Freedom to Marry from your country’s embassy in Bangkok. This document proves that you are free to marry in Thailand and must be countersigned by your embassy before it is accepted by the local registration office (also known as an amphur or khet).

You may need additional documents for registration depending on your situation, including passport biodata pages, visas, and proof of payment of any translation, legalization, or registration fees. You can also require two witnesses who are Thai citizens.

When you receive your affirmation, you’ll need to have it translated into Thai by a certified translator. Most embassy websites have lists of approved translators, or you can find one through a government-approved list of translation agencies. The translation must then be authenticated by the Ministry of Foreign Affairs in Bangkok or at a regional office.

You’ll also need to bring your Affirmation of Freedom to Marry, a copy of your passport, and all the other required documents to your local district office (also called an amphur or khet). The registration officer will verify that you meet all the requirements and sign your marriage certificate. You can then make any necessary arrangements to have your wedding ceremony at the venue of your choice in Thailand.

Documents Required

A legal Thai marriage consists of the two parties registering their union with the local Amphur (Thai district office, similar to a county office). All foreigners wishing to marry in Thailand must first obtain official certification from their country’s embassy that they are free to marry. Each embassy has its own procedure for issuing this documentation. This process can take several days and requires a passport, arrival card, and certified translations of various documents.

In addition to the above documentation, a letter of consent must be presented by either party’s parent or guardian. The couple must also show a doctor’s certificate affirming that they are both not pregnant. For women who have been married previously, a divorce certificate or court’s judgment must be provided. Under Thai law, a woman may not remarry until 310 days have passed since the end of her previous marriage, except in cases of childbirth or death.

The registrar will verify all documentation and will issue the couple their marriage certificate. This is usually done within two working days of receiving all required documentation. After the marriage certificate is issued, it must be translated and legalized in order to be recognized by embassies abroad. If you have any questions about the above or would like to schedule an appointment with one of our marriage specialists, please don’t hesitate to contact us.

Legalization

Getting married in Thailand can be a time consuming and confusing process. To make the process easier and less stressful you can hire a wedding planning service to help with all of the legal aspects. They can assist with the preparation of documents needed to register the marriage and make sure all paperwork is properly filled out and submitted. They can also help you obtain a visa to live with your wife in Thailand.

The first step is to obtain a letter or certificate of no impediment to marry from your country’s embassy in Thailand. The requirements vary by embassy, so it is best to contact them in advance for specific instructions. The embassy-issued document must then be translated into Thai by a recognized translation service and then taken to the Ministry of Foreign Affairs for legalization.

After the translation and legalization process is complete, the couple can apply for their marriage registration at any district office or “Amphur” in the country. The registrar will then issue the official Marriage Certificate, which is valid worldwide.

The couple can request to have a short marriage registration ceremony at the office of their choice. The couple may then take the Marriage Certificate to their local embassy for further legalization if required in their home country. If the marriage is registered in the district office of the woman’s birthplace, the registrar will change her title used with her forename and last name to reflect the change in her house registration certificate.

Registration

If you are looking for legalize your Thailand marriage, you’ll need to go through a process known as “marriage registration.” This will require you to have a letter of affirmation as well as MFA certification. This is necessary because you can’t apply to live in Thailand as a spouse without it. Moreover, the marriage is only valid in Thailand and your home country if it’s registered here. Therefore, it’s best to have your Thailand marriage registration completed before you start planning your dream wedding or acquiring a Thai visa.

First, you must obtain a letter of affirmation from your home country’s embassy in Thailand that states that you are free to marry (see your embassy’s website for details). Once you have this, take it to a translation office where the affidavit is translated into Thai and then authenticated by the Ministry of Foreign Affairs.

Once the translated documents are verified, you can go to any district office in Thailand known as an “Amphur” or a “Khet” to register your marriage. This is a fairly simple process and once done, you’ll have a legally binding marriage that will be recognized in the US, Australia, and other countries around the world. In addition, you can also opt to have a prenuptial agreement that will be registered at the same time as your marriage.

Buying Property in Thailand

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Buying Property in Thailand is a great way for foreigners to enjoy a luxurious holiday home or make a sound property investment. However, you need to be aware of specific local laws regarding property ownership before making any purchases.

Thailand has relatively strong property ownership laws and a secure computerized land title system. A title search is a critical part of due diligence when purchasing property in Thailand.

Types of Property

There are many different types of property that can be bought in Thailand. These include condominiums, apartments, villas, and townhouses. Each type has its own advantages and disadvantages. The best one to choose depends on your lifestyle and reasons for moving to Thailand. If you plan to live and work in a city center, a condo may be better suited for you. However, if you want to enjoy the tranquility of a suburban neighborhood, a detached house or villa is a good choice.

Condominiums are the most popular type of property for foreigners to purchase in Thailand. They are essentially a large building that has individual owner units with shared facilities, such as swimming pools, gyms, and reception areas. Under Thai law, up to 49% of a condo can be owned by a foreigner. This is a much more straightforward and hassle-free method for foreigners to own property in Thailand than purchasing a freehold land home.

When buying a condo, be sure to look into the developer’s track record and past projects. It is also a good idea to have a specialist real estate lawyer review your contracts before you sign them. This will help ensure that your rights are protected in the event of delays or construction problems.

Buying a Condominium

Buying property in Thailand can be a complicated process. Enlisting the help of professionals is highly recommended. A real estate agent will conduct research on your requirements, offer suggestions, organize viewings and transportation and give a history of buildings, developers and areas. They will also translate with sellers and help negotiate prices and conditions.

A lawyer who is well versed in Thai law should be your second professional. They can do the legalities for you, including title searches & checking. They will review your contract ensuring all the i’s and t’s are crossed. They will also assist with the statutory fees and taxes required upon transfer.

Before settling on a condo, be sure that it is available for foreign ownership and can be registered under the foreign quota. This should be double checked by a lawyer and the condo office. Also make sure that you can obtain adequate insurance.

Once the Sale & Purchase Agreement is signed and all fees and taxes are paid, the condo will be transferred to you. During this time your lawyer will also register the transfer at the land office. Upon completion you will receive a tabien baan (blue book) showing your resident status as well as the title deed for the unit. Then you can enjoy your new condo! If you are purchasing off-plan, it is common to pay an initial deposit followed by small monthly payments during construction.

Buying a Villa

If you’re looking for a larger residence to enjoy as your primary home in Thailand or as a holiday retreat, a villa may be the right choice for you. Like condominiums, a villa can either be built by a developer in a condominium development (Primary Market) or purchased from a private seller (Secondary Market).

Aside from the purchase price, there are other expenses to consider including recurring property taxes and maintenance fees. Considering that these charges tend to be on the high side, it’s crucial to budget accordingly.

As a foreign buyer, it’s also important to verify the authenticity of the title deed – known as a ‘chanote’ – before signing any documents. This will help ensure that the land is free from encumbrances and liens. A qualified Thai lawyer or legal representative specializing in real estate transactions can assist you with this process.

Another thing to take into consideration when purchasing a villa is the possibility of obtaining financing for the property. It’s recommended that you consult with a mortgage broker familiar with the property market in Thailand and the country’s banking regulations and tax requirements to better understand your options. Lastly, don’t forget to consider any potential fluctuations in the exchange rate between your home currency and the Thai baht. This can dramatically affect your buying capacity.

Buying a Land

The land buying process in Thailand can be a bit tricky for foreigners. The country has strict laws in place that essentially forbid titling of land in the name of a foreigner. It’s best to accept this as fact and seek professional advice before attempting to circumvent the law.

The first step is to find a property that you’re interested in purchasing. The next step is to hire a lawyer to act as your advocate and ensure that the purchase is a legal one. They can also help you to avoid any problems that may arise during the process. They can review the official records from the Land Department to ensure that the seller has a clear title and that the property is free of any debts or liabilities.

It’s also a good idea to get a building survey done before completing the sale. This is a relatively inexpensive service and can help you to avoid any unexpected costs down the road. You can find a qualified surveyor by using the RICS (Royal Institution of Chartered Surveyors) website and searching for surveyors in Thailand.

Once the purchase is complete, you’ll need to pay a transfer fee and Withholding Tax. The Withholding Tax is typically 2% of the purchase price. This is paid to the government and is considered like a prepayment on the property.

Civil and Criminal Cases in Thailand

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Like all jurisdictions, Thailand distinguishes between civil and criminal cases to ensure justice is served and that the law is upheld. Knowing how these cases work in Thailand is essential for foreign businesses that may face alleged violations of the country’s laws.

In criminal cases, defendants are considered innocent until proven guilty. However, it can take a while for litigation to commence and witness hearings to be conducted.

Torts

Torts in Thailand are a broad category of cases that include any action or omission that violates a person’s rights, including physical health, privacy and property. They also can include negligence that injures a person’s reputation or credit, and defamation. Torts can be remedied by a lawsuit seeking damages and/or an injunction.

Court procedures in Thailand typically begin with the plaintiff filing a complaint. The court may then schedule proceedings to identify the issues and facilitate a compromise between the parties. In some cases, courts may require mediation, particularly in labor disputes in Thailand. In other cases, the judge will determine whether to order a witness hearing and/or a trial.

As a general rule, the burden of proof is higher in civil than criminal cases. In a criminal case, the plaintiff must prove guilt beyond a reasonable doubt, while in a civil case the plaintiff must provide evidence that the defendant’s conduct was unjust or unreasonable.

A prevailing party in a civil dispute can claim attorney’s fees. However, a client’s legal fees must be documented and supported by a bill from the lawyer to be awarded these damages. The prevailing party is not normally granted moral or punitive damages, unlike in many Western countries. In some cases, the court may award a lump sum of damages rather than an ongoing payment plan.

Contracts

A contract is a juristic act that creates mutual legal obligations. When a party breaches its contractual duties, it can be sued for civil damages. Breach of contracts can occur in many areas, including business and property disputes, employment actions, intellectual property conflicts, and divorces. Disputes can be resolved through various formal and informal processes. However, if all other measures have failed to resolve a dispute, filing a lawsuit may be necessary. Understanding how the Thai legal system works and available options for recourse is important for businesses looking to protect their interests in Thailand.

Civil lawsuits in Thailand typically begin with the plaintiff filing a complaint. The court will then schedule witness hearings where both parties present their evidence. Depending on the type of case, the court may also require participants to undergo mediation before proceeding to trial.

A successful civil case will often result in a monetary compensation for the complainant. This compensation is designed to restore the aggrieved party to the position they would have been in had the breach not occurred, and includes actual financial losses incurred. In addition, the court may award punitive damages to deter future similar breaches. These damages are referred to as stipulated or liquidated damages, and can be adjusted by the court if deemed unreasonable.

Property disputes

In Thailand, property disputes arise from a variety of situations. Some involve ownership of land or property rights, such as encroachment. This can occur when one person builds over another’s property boundary, invading their privacy or ruining their view. The law allows for a judge to determine the case based on evidence adduced by the plaintiff and defendant.

Courts typically encourage settlement through mediation, especially in labour disputes and general civil cases. However, in some circumstances, the courts may choose to conduct a preliminary or investigative hearing to examine the claim and decide whether it has merit. The court also imposes fines to penalise parties that violate the terms of a judgment or order.

The Thai judicial system does not utilise juries, and judges decide the outcome of a trial based on their judgement of the evidence presented by both parties. In cases where the plaintiff and the defendant are not satisfied with a judge’s verdict, they can file an appeal to the Court of Appeal or the Supreme Court.

In Thailand, a decision of a foreign court may be used as evidence in a trial if the judgment is authenticated by the relevant embassy or consulate and translated into Thai. The same goes for the decision of a domestic court, which can be used in a legal proceeding.

Defamation

Defamation is an offence under Section 423 of the Thai Penal Code, which defines defamation as “a statement made publicly that damages another’s reputation or credit in any way”. It can be a criminal or civil offence depending on the severity of the defamation. Defamation can be done through written or spoken words, and in addition to the penalties outlined in the Penal Code, offenders could be ordered to pay compensation to the victim.

In recent years, defamation cases have become commonplace in Thailand and have been used to target individuals who raise concerns about human rights violations, labour laws, corruption, or government or corporate failures. In fact, one company alone has been responsible for 39 cases, many of them concerning civil or criminal defamation, against a wide range of people including migrant workers, human rights defenders, journalists, and academics.

For example, a pineapple processing company was involved in a long-running legal battle with British labour activist Andy Hall after he exposed the mistreatment of the company’s workers. He faced repeated charges – sometimes guilty, and sometimes not – for over seven years until he decided to leave Thailand because the endless court appearances were too stressful.

The defamation laws in Thailand are strict and can have serious consequences for foreigners living or working in the country. It’s essential to be aware of the laws and the cultural norms before launching into any public comments. It’s also worth looking for a lawyer who has experience in out-of-court mediation to help you avoid lengthy legal proceedings.

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