This is how to Change of Custodial Power in Thailand. Divorce in Thailand is done through mutual consent which is uncontested or done through court, which falls as contested divorce. If a divorce is agreed mutually, the couples must go through the process at the district office and certain terms will be stated on the divorce addendum. This would apply for couples who have children wherein both must agree to whom custody for the children be given.
Change of Custodial Power
However, in the latter, if there would be changed of circumstance, it is always possible to amend the custodial rights.
For situations where the mother has the custody of the child and has abandoned the child and not allowing the change in custody, the father who is fully supporting and raising the child financially may apply for change of custodial power in Thai court. The change of rights for the child will be acted and decided upon by the court and prioritizes the best interest of the child.
Documents required for change of custodial power:
- – Divorce documents (Divorce certificate and divorce addendum)
- – Applicant’s valid identification (Original valid passport for foreigner and birth certificate; Thai Id, birth certificate and Thai household registration for Thai party)
- – Ministry of Interior record on custodial rights
The Juvenile and Family court where the jurisdiction of the divorce was registered or the Juvenile and Family court where the jurisdiction of the parent’s residence with the current custodial rights will be the office responsible for the filing on process of changing custodial power.
Another person cannot be an authorized party on court proceedings in behalf of the custodial parent. It must be done by the parent only and after the filing, both parents must be required to have a testimony about the child in front of the Department of Juvenile Observation and Protection.
And if by any chance, the custodial parent does not allow the change of custodial power, a legal complaint can be filed against the custodial parent.