Child Custody in Thailand After Divorce: Guide for Foreigners

Thai law speaks of parental power rather than custody. After a divorce, it follows the written divorce agreement or the court's order; if neither gives it to one parent, both keep it jointly. Nationality gives no automatic advantage, and both parents must pay child support.

Who gets custody of the children after a divorce in Thailand?

A child who has not reached majority, which in Thailand is 20 years of age unless the child marries earlier, is under the parental power of the father and mother (Civil and Commercial Code, Section 1566). Parental power covers the big decisions: where the child lives, discipline, and dealing with the child's legal affairs.

• Divorce by consent at a district office. Section 1520 requires the spouses to agree in writing which of them will exercise parental power over which child. If they cannot agree, the court decides.
• Divorce by court judgment. The court hearing the divorce decides who exercises parental power, with the child's welfare as the main consideration.
• Nothing specified. Parental power stays with both parents jointly. Thailand's Department of Consular Affairs, for example, treats divorced parents whose divorce record does not name a sole holder as joint holders when a child applies for a passport.

If the parents were never married, the mother alone has parental power until the father legitimates the child, for example by registering the child as his own; after that, the parents share it.

How do Thai courts decide parental power?

The court asks which arrangement serves the child's best interests. Factors that commonly carry weight include:

• who has cared for the child day to day, and the child's bond with each parent;
• stability of home, school, language and community;
• each parent's health, conduct and actual time available;
• the child's own views, once the child is old enough to express them;
• each parent's willingness to support the child's relationship with the other parent.

A parent without parental power still has the right to contact the child as appropriate to the circumstances (Section 1584/1). If the parent holding parental power behaves improperly, or circumstances change later, the court can transfer parental power (Section 1521).

Can a parent travel or move abroad with the children?

It depends on who holds parental power. A parent with sole parental power has the right to decide where the child lives (Section 1567), so a move abroad is generally lawful, although the other parent keeps the right of contact and can ask the court to intervene. Where parental power is joint, a move abroad should be agreed in writing or authorised by the court first.

For Thai passports, the Department of Consular Affairs' public manual requires both parents of a minor under 20 to sign consent in front of the officer, unless an exception applies. A parent who cannot attend can give a consent letter certified by a Thai district office, or by a Thai embassy or consulate if abroad. Your child's foreign passport follows the rules of the issuing country, which vary.

When one parent travels alone with the child, carrying the other parent's certified consent letter and the divorce documents helps, because airlines and the destination country may ask for them.

If a child is taken across borders wrongfully, Thailand has been a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction since 1 November 2002, with the Office of the Attorney General as Central Authority. Because Thailand joined by accession, the Convention applies only with countries that have accepted Thailand's accession, and an application generally requires a breach of rights of custody. Act quickly, because delay can weaken a return application.

How does child support work for foreign parents?

Both parents must maintain and educate their child while the child is a minor, and beyond that if an adult child is disabled and cannot earn a living (Section 1564). The divorce agreement should state who pays how much; otherwise, the court sets the amount (Section 1522), based on the payer's means, the child's needs and the circumstances (Section 1598/38). Either side can later ask the court to increase, reduce or cancel support if circumstances change (Section 1598/39).

A Thai judgment can be enforced against assets in Thailand, such as Thai bank accounts, condominium units or a salary from a Thai employer. It is not automatically enforceable abroad, and Thailand is not a party to the 2007 Hague Child Support Convention. If the paying parent lives abroad, enforcement usually means a separate process under that country's law.

What should foreign parents do before signing a divorce agreement?

• Name the holder of parental power for each child, or state clearly that it is joint.
• Set out where the children will live and go to school, and how holidays and contact will work, including video calls.
• Agree rules for international travel: notice periods, consent letters, and who keeps the passports.
• Fix child support in a currency, with a payment date, transfer method and annual review.
• Keep certified copies of the divorce record and agreement, with certified translations if you live abroad.

Where should you start?

Collect the marriage certificate, the children's birth certificates and any divorce documents, and check what they say about parental power. Then write down the arrangement you believe is best for your children, including travel and schooling. Because cross-border cases combine family law, passports and sometimes the Hague Convention, speak with a Thai family lawyer before you sign anything or move with the children.