Family Law Cases in Thailand
What You Should Know and How the Process Works
At some point in life, we may face serious family issues that require entering legal proceedings. Family law cases are more relevant and closer to us than we might think—especially in Thailand, where specific legal frameworks and procedures are designed to directly handle family-related disputes.
What Is a Family Law Case?
A family law case refers to any legal matter involving family relationships, such as divorce, division of marital property, child custody rights, child support, removal of parental authority, child adoption, or financial maintenance. In Thailand, these cases fall under the jurisdiction of the Juvenile and Family Court, which specializes in resolving such disputes fairly and with sensitivity.
Common Types of Family Law Cases
1. Divorce Cases
Divorce is one of the most common types of family law cases. A spouse may file for divorce in court based on valid legal grounds such as adultery, abandonment, domestic violence, or serious misconduct that makes living together unbearable. Divorce petitions must be filed with sufficient evidence and in accordance with the legal procedure.
2. Division of Marital Property
After a divorce, disputes often arise over the division of property acquired during the marriage. Marital assets are distinguished from personal assets. If the couple cannot reach an agreement, the court will determine a fair division based on the law.
3. Child Custody Rights
Another frequent issue in family law is determining child custody rights—whether after a divorce or between unmarried parents. The court will make decisions based on what is in the best interest of the child, considering stability, safety, and well-being.
4. Child Support
Child support cases occur when one parent does not take financial responsibility for the child. The other parent may file a lawsuit to claim support through the court. This can be done together with a divorce case or as a separate legal action.
Steps in Handling a Family Law Case in Thailand
- Consult a Lawyer: Family law cases can be complex and often involve basic legal rights. Having a lawyer who specializes in family law can help guide you appropriately through the process.
- Collect Evidence: Gather relevant documents such as photos, written records, financial documents, or witnesses that can help support your claims in court.
- Submit the Case: You must file your petition with the Juvenile and Family Court in the area where the respondent resides or where the incident took place.
- Mediation Process: The court will typically offer mediation before proceeding to trial. If both parties reach an agreement, the process will be quicker and less confrontational.
- Court Hearing and Judgment: If no agreement is reached, the court will proceed with hearings and give a verdict based on the submitted evidence and witness testimonies.
Additional Things to Know About Family Law Cases
- These cases often take time and emotional energy due to the sensitive and personal nature of family matters.
Juvenile and Family Court in Thailand
Thailand's Juvenile and Family Court specializes in handling cases involving children and families. The court emphasizes protecting children's rights and providing a child-friendly process to minimize emotional harm to minors involved in legal disputes.
