Background
Child abduction or "child kidnapping" occurs when one parent flees with their children in an attempt to deprive the other parent of lawful custody. Child abduction can occur during the course of a divorce or custody battle in court, or when one parent believes court action is imminent. However, some parents flee with their children regardless of whether there is a court case or not.
When a parent flees with a child over international borders, there are specific international treaties in effect to deal with such situations. Conversely, when a child is abducted within Thailand, there are domestic law remedies available to the parent who has been deprived of their custody rights.
Thailand is a signatory (member state) of the Hague Treaty on Child Abduction. Moreover, in 2013 Thailand passed an internal domestic law to give effect to parental rights in abduction situations pursuant to the Hague Convention. As a result currently there is a specialized procedure in Thailand to have an abducted child returned to the child's country of residence if the child has been abducted by a parent and removed to Thailand. Similarly, if a child is removed from Thailand by an abducting parent, Thailand Law may provide a procedure to request the courts and agencies of a different nation to return the child to Thailand.
There are also domestic laws in the Thailand Family Code, in addition to Hague Convention procedures, that provide legal remedies for child abduction situations. Provided that there is a final court order from a Thai court, granting a parent custody of a child, there are specialized procedures to enforce a custody order against an abducting a parent who has abducted a child within Thailand.
Our Experience:
Chaninat and Leeds Law Firm is comprised of Thai lawyers and Western attorneys working together and specializing in family law litigation. We handle domestic family law cases as well as complex international family law litigation. Our experience in child abduction cases includes the enforcement of foreign and domestic family court orders. Chaninat and Leeds attorneys have successfully recovered and defended parental custody rights of abducted children in Thailand domestic cases as well as international abduction cases.
Our Law firm is regularly retained as an expert witness on Thailand law in US Courts, UK Courts, Australian, Hong Kong Courts and Irish Courts. Based on our attorneys recognized experience and qualifications. Our attorneys are recognized experts regarding international family law and have published academic articles in leading academic law journals and have and lectured at prominent law schools and universities law schools concerning Thai Family law area of law.
One unique aspect of our expertise that has been important to our success in recovering and defending child custody is our experienced result-oriented investigative capabilities. We have succeeded in winning child custody and child abduction cases by going the "extra mile" for our client.
Resources:
- U.S citizens can refer to U.S Embassy Page on International Parental Child Abduction
- U.S citizens can also refer to State Department Page on Child Abductions
- U.K citizens can refer to U.K Embassy Page on Child Abductions in Thailand
For more information refer to
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