Child Custody Case
The child custody after divorce is divided into two cases
1. case of divorce with consent Have your spouse make a written agreement at the district office or district office. Which party will be the governing body of the child? If not agreed or agreed. The court is the arbitrator.
If agreed that any party is a foster child. It is not an agreement for the party to use the power. But parental power must be considered with the father and mother. If any one died Authority also falls to one another.
2. cases divorced by a court judgment The court hearing the case for divorce decides which party will use the authority to govern the child. The court has the power to withdraw the spouse's parental authority under Section 1582 and order the third party to be the parent. The court shall consider the well-being and the benefits of the child. Do not overestimate the request. Even the plaintiff did not request in the filing. The court ruled over the request in this regard.
If it turns out that the user of the parent or guardian under Section 1520 behaved inappropriately Or later, the behavior has changed. The court has the power to order the replacement of the user, the administrator or the parent. It is important to know the well-being and the benefits of children.
Example of 5 cases
1. The user of the ruling power is ordered by the court to be incompetent or quasi-incompetent
2. use the wrong governing power Damage to minors such as severe childbirth. Encourage the child to steal. Son of a smoker, drinking alcohol, not caring. Punishable children Or abandon the child to behave evil.
3. A person who uses authority to behave in an evil way, such as having sex with a child Forcing children to be prostitutes or beggars.
4. users of bankruptcy
5.. The power user administers the property of the minor in a way that is potentially dangerous.
Who can apply?
1. court see itself
2. relatives of the minor
The supporting documents are as follows
1. birth certificate of a minor
2. ID card of parent of minor
3. ID cards The home of the petitioner.
4. leaves, change name / surname (if any)
5. photos showing the singer's relationship with the minor
6. relative accounts
7. death certificates (if any)
1. Court Fees THB 200
2. Newspaper fee THB 500
3. closing fee declaration The domicile of the petitioner does not exceed THB 700
4. fee for sending and copy of the petition to the other party not exceeding THB 700
Sample of court judgments interesting.
The birth and leave the court to withdraw power
Judgment of the Supreme Court No. 4323/2540
In the abolition of power. The law allows the court to withdraw by itself without any request. If there are grounds for the provisions of the Civil and Commercial Code, Section 1582 paragraph one, so even if the petitioner petitioned the petitioner is not legally legitimate of the minor. However, when appearing in court, the mother of the minor moved to another place and remarried from a minor age only a year and never returned to look after the minor. The case is that the young mother used the power to rude to the wrong person. The court has jurisdiction to remove the parental authority from the minor. And when it appears that the minor is in the care of the petitioner forever. The petitioner is the person who governs minors.
Replacement or Removal of Authorized Users under Section 1521
If it appears that the user's parental authority or the parent under Section 1520 behaved inappropriately. Or after the circumstances have changed. The court has the power to order the replacement of the user, the administrator or the parent. Taking into account the well-being And the benefits of the children under Section 1521.
The issue of starting a lawsuit to change a user may be made as a petition. Or make an indictment
Judgment of the Supreme Court No. 4681/2552
The request of the petitioner to reduce the cost of child care. Also asking the court to order the removal of the jurisdiction of the wife. And appoint a petitioner to govern the minors. Affecting foster care If the court orders the petitioner to use the authority. The petitioner does not have to pay child support for a minor child. As set forth in the End of Divorce Registration Agreement. The court has the power to amend it as provided. Even after the final agreement, the divorce decree will require the wife. As a power user The court has the power to change the Civil and Commercial Code, Section 1521, Section 1566 (5), but the provisions do not determine how the case will come to court. The court ruled that it was possible to file a lawsuit. And make a request for a dispute without dispute. The petitioner would like to propose a lawsuit seeking to withdraw power. And appoint a new governing power. By request Also like to offer a lawsuit to raise child support. Involved in the same petition.
The Thailand Civil and Commercial Code
Section 1521 If it appears that the person exercising parental power of the guardian under Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the Court has the power to give an order appointing a new guardian by taking into consideration the happiness and interest of the child.
RIGHTS AND DUTIES OF PARENT AND CHILD
Section 1567 A person exercising parental power (natural guardian) has the right:
1. To determine the child’s place of residence
2. To punish the child in a reasonable manner for disciplinary purposes
3. To require the child to do such work as may be reasonable to his ability and condition in life
4. To demand the return of the child from any person who unlawfully detains him.
Section 1582 When the person exercising parental power is adjudged incompetent or quasi-incompetent, or abuses his or her parental power as regards the child’s person, or is guilty of gross misconduct, the Court may, of its own motion or on the application of a close relative of the child or of the Public Prosecutor, order the deprivation of the parental power either partly or wholly.
If the person exercising parental power is bankrupt or likely to endanger the minor’s property by mismanagement, the Court may, upon the same proceedings as mentioned in the paragraph one, order the deprivation of the right of management.
Section 1583 If the causes mentioned in the forgoing Section have ceased to exist, a person who has been partly or wholly deprived of parental power may recover it by permission of the Court on application made by him or by a relative of the minor.
Additional Advice from Lawyers
1. In the beginning of the case may be a "petition" in the form of a dispute, or a "complaint" in a dispute.
2. unmarried women Children It is a legitimate son of a woman.
3. places of abandonment of minors Place of Divorce Registration and Post-Divorce Registration Agreement It is a place of birth. Can file a lawsuit in the jurisdiction. Judgment of the Supreme Court 6155/2540.
4. If there is no reason under Section 1582, the court will order the withdrawal of the administrative authority. However, the court can order the user to have sole control. Section 1566 (5)
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