Usually not. If both parents share parental power, taking a child out of Thailand without the other parent's consent or a court order can be challenged, and between countries that apply the Hague Child Abduction Convention the other parent can ask for the child's return.
Who decides whether a child can leave Thailand?
The answer depends on who holds parental power. Under section 1566 of the Civil and Commercial Code, a minor is under the parental power of the father and mother, and section 1567 gives the holder the right to decide where the child lives.
A minor in Thailand is anyone under 20 who has not married. Who holds parental power changes with the parents' status:
| Situation | Who holds parental power | Whose consent a move abroad needs |
|---|---|---|
| Parents married, living together | Both parents jointly | Both parents, or a court order |
| Divorced, agreement or judgment names one parent | The named parent (sections 1520, 1566 (5)–(6)) | Generally the named parent; the other keeps a right of contact |
| Divorced, nothing names one parent | Both parents jointly | Both parents, or a court order |
| Parents never married, child not legitimated | The mother alone (section 1546) | The mother, under Thai law |
A parent who does not hold parental power still has a right of contact under section 1584/1. Moving a child abroad can affect that right, which is why courts often get involved.
Do you need the other parent's consent for a Thai passport?
Yes, in most cases. Thai consular guidance says both parents must sign the consent form for a passport for a child under 20, in front of the officer.
The main exceptions are a parent with sole custody shown in the divorce papers or a court order, and an unmarried mother who brings a custody letter from her district office. A parent who cannot attend can sign a consent letter before officials: at the Department of Consular Affairs or a district office in Thailand, or at a Thai embassy or consulate abroad.
A child's foreign passport follows the rules of the country that issues it. Some countries also require both parents' consent, so a second passport is not always a way around Thai rules.
What does immigration check at the airport?
Officers can ask questions when a child travels with one parent, and so can airlines and the immigration service of the destination country. There is no guarantee they will, but you should be ready to show who has authority over the child.
- The child's passport, and birth certificate
- A written consent letter from the other parent, preferably certified by a district office, an embassy or a notary
- The divorce record, divorce agreement or court order on parental power, if any
- A death certificate, if one parent has died
- Contact details for the other parent, so officers can check if needed
A consent letter works best when it names the destination, the travel dates and the adult travelling with the child.
What is the Hague Child Abduction Convention, and does Thailand apply it?
Yes. Thailand acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction on 14 August 2002, and it entered into force for Thailand on 1 November 2002.
Because Thailand joined by accession, Article 38 makes the Convention work only with countries that have accepted Thailand's accession. Check the status table of the Hague Conference (HCCH) for the specific country before relying on it.
Thailand's Central Authority is the Office of the Attorney General. Thailand also passed an implementing act in B.E. 2555 (2012), in force since 2013, and return cases are heard by the Central Juvenile and Family Court.
What happens if a child is taken without consent?
Under Article 3, a removal or retention is wrongful if it breaches rights of custody under the law of the country where the child habitually lived just before. The Convention covers children under 16 (Article 4).
If proceedings start less than a year after the wrongful removal, Article 12 says the court must order the child's return forthwith. After a year, return is still ordered unless the child is shown to be settled in the new environment.
Article 13 allows a court to refuse return in limited cases: the left-behind parent consented or later acquiesced, return would expose the child to a grave risk of physical or psychological harm, or a mature child objects. A return order is not a custody decision (Article 19); it sends the custody question back to the courts of the child's home country.
If you fear your child will be taken abroad, act before the trip, not after. A court order or the passport consent rules can stop a departure; undoing one across borders takes far longer.
How can you plan travel or a move lawfully?
- Check who holds parental power, using your marriage, divorce and birth records.
- Agree the trip or move in writing, with dates, destination, contact arrangements and who keeps the passports.
- Have the consent letter certified by a district office, an embassy or a notary.
- If the other parent refuses without good reason, ask the Juvenile and Family Court to decide. The court can also make interim orders to protect a child while a case is pending.
- For a permanent move, settle parental power, contact and child support in a court order or registered agreement first.
For how courts decide parental power after a divorce, see Child Custody in Thailand After Divorce: Guide for Foreigners.
Frequently asked questions
Can an unmarried Thai mother take the child abroad without the father?
Under Thai law, the mother alone holds parental power until the father legitimates the child, so she can usually decide where the child lives. If the child lives in another country, however, that country's law decides custody rights for Hague purposes.
Is taking my own child abroad a crime?
A Hague return application is a civil process, not a prosecution. Some countries also treat parental abduction as a criminal offence, so the risk depends on the countries involved and the facts. Get advice before you travel.
What if the other parent refuses consent for a short holiday?
Try a written agreement with clear return dates first. If refusal continues and parental power is joint, you can ask the court to authorise the trip.
Can I stop my ex-partner leaving with our child?
Where the risk is real, a lawyer can ask the Juvenile and Family Court for urgent interim orders. Keeping the passport consent rules in place, and not signing a general consent letter, also helps.
Does the Convention help if we live in a country that has not accepted Thailand's accession?
Not directly. You would rely on the courts and laws of each country instead, which is usually slower, so prevention matters even more. The parents' guide อำนาจปกครองบุตร หย่ากับชาวต่างชาติ covers the Thai side in Thai.
What should you do next?
Gather the documents that show who holds parental power, and write down any travel or relocation plan with dates. If you are separating, put travel rules into your agreement now rather than when a trip is booked.
A Thai family lawyer can check whether consent, a court order or a Hague route applies to your situation, and draft a consent letter that will be accepted. For the divorce routes themselves, see Divorce in Thailand for Foreigners.
มีคำถามเกี่ยวกับกรณีของคุณ?
ปรึกษาทีมทนายความได้โดยตรง เราช่วยประเมินข้อเท็จจริงและแนวทางที่เหมาะกับคุณ