Recent attorney reports have noted that the Thailand Family Court has begun to treat Hague Convention child abduction cases in Thailand more seriously. The types of cases that appear to be treated differently are those where the complainant is filing from a foreign country to request the return of a child taken, usually by a Thai parent, to Thailand without the other parent’s authorization. According to Attorney Suthida Thongkwan, these cases are typical and normally arise in the context of a marital separation or divorce proceedings.
Many people mistakenly believe that Thailand provides a safe haven for a Thai parent bringing their child from the country of the child’s residence.
Thailand first became a member state of the Hague Convention in 2002. However, Thailand did not implement a domestic enabling Act to enforce the provisions of the Hague Convention on Child Abduction until 2013. Nevertheless, enforcement was inconsistent and lax until recently.
Attorneys have noted that currently, the Thailand Family Courts are enforcing their obligations under the treaty and ordering that children be returned home to their countries of residence. According to Attorney Suthida Thongkwan, the Thai judiciary began providing a training program for judges handling Hague Convention cases and provided clearer policies and standards for judges involved in these cases.
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