Equal Opportunity Alimony

Male chauvinists may now have a reason to praise feminism. According to an article in the Chicago Tribune, Divorce courts mirror society as more women pay alimony, although there is a widespread belief that Family Courts in modern times are pro-woman and anti-male, any such gender discrimination is normally illegal. However, many males involved in Family Court feel aggrieved that the discrimination they feel is largely structural discrimination, that being indirect and subtle rather than direct and blatant. This new development may change some minds.

In Thailand Divorce Law, alimony is normally set by a pre-determined schedule used in calculation of the alimony amount. Currently, Thai Family law is gender neutral. This has not always been the case however. In the past there were separate standards for men and women in regard to what constitutes adultery for the purpose of grounds for divorce. The law previous version of law supported straying husbands with a more strict definition of what constitutes adultery. Another law stricken down in the name of quality is that Thai law requiring married women to adopt their husband’s surname.

Argentina Transgender Victory

Thailand can probably learn a few lessons from Argentina in terms of transgender rights. Although the Thailand’s transgender population is highly visible and its denizens numerous, Thailand still has no law recognizing their gender change. Argentina on the other hand, has recently passed a law that allows legal gender change without fully completing a gender operation. According to Fox News, transgender rights in Argentina have blazed forward after it granted people the right to change their legal and physical gender identity simply because they want to, without having to undergo judicial, psychiatric and medical procedures beforehand. The Argentina government also legalized gay marriage two years ago and marijuana has been decriminalized for some time. So if you’re a weed smoking transgender person, Argentina might be the place for you. You probably should learn Spanish first…

Over the weekend, the Nebraska Supreme Court tossed out a prenuptial agreement that a central Nebraska judge earlier ruled had turned the bride into an “indentured servant.” The prenup was signed by the bride just five days before the wedding amidst pressure that if she did not sign, the wedding would be called off. This case again proves that if you are going to require your future spouse to sign a prenuptial agreement, you better give him/her more than a couple of hours to consider the deal.

Thailand prenuptial agreement lawyers us a number of recommendations for individuals considering marrying citizens from other countries or who are considering filing a prenuptial agreement abroad. Learn about the prenuptial laws of your country as they drastically vary from place to place. Thailand prenuptial laws require that the agreement be registered with the Thai government before the wedding takes place. The most important task of all is to find an attorney who is knowledgeable in international prenuptial laws.

The prenuptial agreement is legally binding in most cases but if the process is rushed it is more likely be contested in divorce court.

The U.S. Citizen and Immigration Services (USCIS) has issued an interim memorandum declaring they will now issue immigration documents that reflect an individual’s gender identity as long as the individual presents a corrected birth certificate, passport or court order recognizing their new gender.

USCIS has also stated that it will also approve green-card petitions by American citizens or permanent residents for their transgender spouses if a petitioner establishes that the transgender individual has legally changed their gender and subsequently married an individual of the other gender; that the marriage is recognized as a heterosexual marriage under the law where the union took place; and that the law where the marriage took place does not bar unions between transgender individuals and persons of the other gender.

Although Thailand has a large transgender population, including famous pop singers, television and movie stars, this new provision of US immigration law may not necessarily assist spouses and fiancés in relationships with Thai transgendered persons. To the consternation of US immigration attorneys in Thailand, the Thai government will not change the gender status of a Thai citizen, even after a medically approved sex change procedure. Since the legal change of gender is one of the requirements of the new USCIS regulation, there may be a Thai-sized obstacle. Thailand may host more sex-change operations than any other country in the world but as discussed in Transsexuals and Thai Law, Thai people are more accepting of transsexuals than is Thai law.

New York Prostitutes Attempt to Curb Condom Confiscation

Sex worker advocates in New York are pushing state authorities to prohibit police officers from using condoms as evidence during prostitution investigations. The rights groups argue that prostitutes are being discouraged from carrying or using condoms because police officers frequently confiscate the items during prostitution investigations, and use the condoms as evidence to arrest the sex workers in question. Such tactics

Of course, condom confiscation is only an issue if prostitution is actually illegal, which brings us to our second issue of the day…

Columbian Town Unimpressed with Secret Service Sex Scandal

The USA might be up in arms about the recent Secret Service prostitution scandal in Cartegena, Columbia, but locals seem relatively unconcerned about the issue. Prostitution is legal in Columbia, and according to town authorities, the agents in question did nothing wrong, as the incident only involved consenting adults. Indeed, the hotel where the agents were staying have allegedly not even filed a criminal complaint, as the agents violated no Columbian laws.

Cartagena locals have conceded that the Secret Service agents’ actions were indeed problematic in that they compromised the security of President Obama, who they were supposed to be devoting their energies to protecting. That said, perhaps the president should be more concerned about security threats coming from an unexpected quarter…

Ted Nugent Threatens Obama (and Possibly Himself) Over Gun Control

It seem that the Secret Service has focused its attentions on country music star Ted Nugent (when the Service isn’t living it up in Columbia), following a series of inflammatory remarks from the loud-mouthed musician. Nugent, who has long been a vocal gun-rights supporter, claimed that should president Obama be re-elected, he plans to be either “dead or in jail” by next year. Despite the fact that Nugent appears to be threatening his own life as much as that of the Commander-in-Chief, the Secret Service is taking the statement very seriously, and has launched an investigation of the star. What we’re wondering is why an individual who has carved his own name into a fan’s arm, sliced his leg open with a chainsaw, and gained legal guardianship of his 17-year-old girlfriend hasn’t been investigated before.

Continuing our coverage of the continuing clampdown on expatriate Americans by the US government and the IRS, a new bill currently in Congress proposes that passports of US Citizens be revoked based on unpaid debts.

Senate Majority Leader Harry Reid proposed the State Department have the right to revoke, deny or limit passports for anyone the IRS certifies as having “a seriously delinquent tax debt in an amount in excess of $50,000.”

The major flaw of this bill lies in the fact that you do not have to be proven guilty of tax evasion for a passport revocation. It can even happen if the IRS files a lien against you and you will be stuck in the United States until the tax debt is cleared.

This is just another in a series of increasingly strict law targeting American expatriates and Americans who travel and invest abroad. Read more about the clampdown in our previous reports on the Foreign Account Tax Compliance Act (FACTA), Report of Foreign Bank and Financial Accounts (FBAR) and the Hiring Incentives to Restore Employment (HIRE) Act.

Dios Mio! As the weekend unfolded, so did what will perhaps be known as the biggest scandal in the history of the United States Secret Service. While preparing for President Barack Obama’s arrival at the Summit of the Americas in Cartagena, Colombia, 11 Secret Service agents allegedly brought prostitutes back to their hotel rooms. Apparently, these US Federal agents had a different meaning in mind about what type of service they would be obtaining in “secret.”

Aside from the moral and legal issues that surround prostitution, additional issues are raised when those engaging in prostitution and other vices are US government officials on the taxpayers’ account. Further, prostitution and other vices are uniquely suited by to comprising the security structure of a government by means of blackmail and coercion.

Thailand is notorious for its sex tourism and is home to many international agencies and foreign government organizations. One can’t help but wonder about how many foreign government officials have traveled or worked and sampled the various red light activities of Bangkok’s infamous Patpong and Soi Cowboy Nightlife Districts (without a corresponding international news scandal)!

Keeping in line with the Secret Service’s “zero tolerance” policy on personal misconduct, the agents were quickly recalled and placed on administrative leave. We doubt that they will be re-assigned to Bangkok anytime soon.

As any family lawyer can attest, divorces are at the best of times unpleasant, and at the worst of times experiences that can be likened to getting teeth pulled – without Novocain. Unfortunately for a small subset of Orthodox Jewish women known as “agunot”, this disagreeable experience is one that might last for years or even decades, thanks to the mandates that govern Jewish divorces, or “gets”.

“Agunot” translates to “chained wife”, and indeed these women are figuratively bound to their husbands; under orthodox Jewish law, only men are allowed to give their consent for a religious divorce and provide their wives with gets. For religious women, the experience might be akin to being kept in limbo, as being an agunot prevents remarriage to a man with similar Orthodox Jewish values.

Get refusal and agunot have been publicly decried as forms of emotional abuse, nevertheless, the practice still continues, as husbands use get refusals as a means of blackmailing their wives into agreeing to child custody agreements or favorable alimony settlements.

It’s also worth noting that men as well as women can be victims of Orthodox Jewish divorce laws and the rules governing gets. Men who withhold gets due to divorce agreements that they find unfair may be targeted for violence, and may even choose to flee to places such as Thailand to escape the long arm of Jewish divorce law. However, as a Thailand divorce lawyer can attest, you can run but you can’t hide.

Canada Prepares for Landmark Prostitution Ruling

Canadian courts are preparing to publish their decision on the legality of three stringent anti-prostitution laws. The laws in question dictate pimping, communicating for the purposes of prostitution, and maintaining a brothel, and declaring these laws illegal would decriminalize prostitution in certain cases. Opponents of the anti-prostitution laws claim that the laws endanger sex workers rather than offering them protection, while those who support them have argued that the reforms will lead to increased prostitution, an ineffective police force, and increased violence against sex workers.

Estonia Criminalizes Sex Trafficking

On the topic of violence, the small European nation of Estonia has criminalized human sex trafficking this week. The new law is a response to US-based critiques of Estonia’s human trafficking laws; the latest US trafficking watchlist cited Estonia as being a “source, transit, and destination country for women subjected to forced prostitution.” While prostitution itself is legal in Estonia, forced prostitution, sexual exploitation of minors, and sex trafficking will now be punishable by a maximum 15-year jail sentence.

Last Madam of Butte Montana Dies at age 94

Unrepentant sinner and notorious madam Ruby Garrett died this week in a nursing home in Butte, Montana. Garrett was a vocal supporter of the decriminalization of prostitution in America, and sparked outrage when she stated publicly that prostitution should be treated like a commodity rather than an issue of morality. While some may remember Garrett for the two prison terms she served for the murder of her husband  and tax evasions, other may remember her for her revolutionary stance on the rights of sex workers, and her reputation for treating her employees with kindness and respect.

“Pink slime” has been in the news lately, after several reports focused the general public’s attention on the widespread use of highly texturized, ammonia-treated beef trimmings (know informally as “pink slime”) as a filler in up to 70% ofAmerica’s ground beef supply. The controversial filler has been found in grocery store, fast food restaurants, and even in school lunches. Unsurprisingly, the uproar generated by American food safety advocates has been substantial…but we think they’re missing the point.

In our opinion, pink slime is just the over processed, ammonia dusted flavor of the month. The sorry state of food quality – both in the U.S. and throughout the world – is nothing new. Contamination from allergens, monosodium glutamate (MSG), and artificial sweeteners have troubled both food quality activists and food allergy sufferers for years. Potentially harmful flavor enhancers and chemical fillers can be found in all kinds of foods, from the humblest stir-fry to overpriced “wellness drinks”. Would you like a side of inflammation, cancer, toxicity, and brain lesions with your meal?

A Syracuse, New York child has been returned to her family after being abducted by her father and taken to Thailand five years ago. Her wayward parent, furthermore, was arrested in Bangkok on International Child Abduction charges and was extradited back to the US. The case has brought to light a number of misconceptions and misunderstandings about child abduction law in Thailand.

No, Child Abduction in Thailand is Not a Hopeless Case

We have had inquiries as to why our information on this subject is not in agreement with that presented on the US state department website. As practicing attorneys in Thailand specializing in family law and child abduction, we disagree with the US State Department’s information. Pursuing and prosecuting child abduction cases in Thailand are entirely feasible. Multiple child abduction cases have been pursued through Thai courts of law and the children in question returned successfully to their parents.

Fact, Fiction, and the US State Department Website

There are certain inaccuracies on the US State Department’s Website on “International Parental Child Abduction Thailand”. On such inaccuracy can be found on the first page, in the first paragraph:

“Parental Kidnapping is not a crime in Thailand and Thai authorities will not issue a warrant or become involved should one parent take a child without the other parent’s authorization.” 

In actuality there are laws concerning child abduction and child custody laws in Thailand. Child abduction inThailandis covered by Section 317 of the Thailand Criminal Code, which states:

“Whoever, without any reasonable cause, takes away a child not yet over fifteen years of age from the parent, guardian, or person looking after such child, he or she shall be punished with imprisonment of three to fifteen years and fined of six thousand to thirty thousand baht.”

A case for child abduction begins with a court filing for sole custody of the abducted child. Once sole custody is attained, if the non-custodial parent has abducted the child, the suite may become a criminal case. A Thailand lawyer can file a claim on behalf of parents to establish custody rights over the child in question. The motion in the Thai courts can force the offending parent to appear in court in Thailand, and the custodial parent may assert parental rights.

Thailand and the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction provides a procedure for parents who have had their children abducted by the other parent. The Hague Treaty on Child Abduction is executed through the governments of treaty member countries, but normally requires an attorney to file the appropriate documents with the government authority responsible for the action to ensue.

“The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Thailand, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.”

This statement gives the mistaken impression that Thailand does not recognize the Hague Convention on the Civil Aspects of International Child Abduction. This is untrue; Thailand is has formally acceded to the convention but as yet the proper procedures for acting upon the convention have not been codified into Thai law. The convention, like the topics of surrogacy and IVF, fall into the “grey area” of  Thailand law. For this reason, parents are encouraged to pursue their cases in the Thailand courts in the procedure outlined above.

Thailand Abduction – Differences by Region

Though the Hague Convention has not yet been codified into Thai law, this does not mean that the convention is entirely valueless within the Thai legal system. On the contrary, the value of the convention depends on the region where the motion is being filed from.

• Thailand-US Abduction Cases: As the US State Department website indicates, the convention cannot be used in to retrieve a child either abducted fromThailand and taken to theUS, orvice-versa. In such cases, clients are advised to speak withThailand attorneys about their options regarding the filing of child custody orders through each country’s respective court system. For example, the parent of a child that has been abducted from the US  to Thailand should approach aThailand lawyer about receiving full custody of the child in Thailand courts. In some circumstances, a parent in Thailand whose child has been taken to theUS may be able to invoke the Hague treaty to retrieve the abducted child
• Thailand – International Abduction Cases: In general, cases where a child has been abducted from a non-US country and taken to Thailand, the parent will have difficulties invoking the Hague convention to compel Thai authorities to act; however, the individual should check with international lawyers within his own country to learn of any specific acts or treaties that might be used instead. The individual should also immediately seek counsel with a Thailand lawyer, who can assess the possibilities for seeking sole custody of the child through Thailand courts, and pursuing the retrieval of the child through those routes. If a child has been removed from Thailand and taken abroad, a Thai national may potentially invoke the Hague convention to retrieve the child whose home is in Thailand from a non-US country (provided that the child has been taken to a country that is a signatory of the Convention)

The Bottom Line

Child abduction cases in Thailand are far more complicated than many authorities give them credit for, as a variety of factors come into play that may affect the retrieval of the abducted child. In the event of such a serious crime, parents must seek legal counsel from an experienced Thailand attorney to learn about the options available to them.