A Chinese father who made the news two months ago when his wife took away his 4 year old son following a divorce, is continuing to appeal to the public to help him find his son.

According to Jiang Chow, a Chinese businessman living in Chiang Mai, his Thai wife, from Mae Rim, asked for a divorce this year, which he said surprised him, as he didn’t wish for a divorce.

At court two months ago, the judge had granted custody to both parents, but the moment they left court, his wife began a campaign to keep him away from his son, he told reporters.

He said that for two months now his son has not been in school, his phone calls to his wife and son have gone unanswered and that his wife has been taking their son to live with various friends and family in order to keep him away from his father.

He also claims that his wife has been speaking ill of him and now his son is afraid of him and that he will be sent to China, which the man said is not true.

Following another court appearance where the judge told the couple that the mother could have the son between Mondays to Thursdays while the father can care for him between Fridays and Sundays, Chow said that he hasn’t seen his son at all. He has therefore decided to take the case to the streets and hired many songtaew with his son’s photo on it, appealing to the public for help, City News reports.

Chow said that his wife has demanded 100,000 baht (US$3300) per month until their son is 21 years old, an alimony not ordered by the courts.

Chow, however, said that he has and will continue to be happy to support his child, but that he needs to ensure that he is well and that he is able to live with his own father for the three days per week ordered by the Chiang Mai judge.

Thailand child custody issue always arises when spouses having children are divorcing or when spouses decide to live separately.  Additionally, the child custody is often an issue for an unmarried couple who has children born out of marriage.

What are the Custodial Rights Under Thai Law?

Under the Civil and Commercial Code of Thailand (CCCT), the term of the rights of custody is called “parental power”. The parental power is exercised by the father, the mother, or a third person who is a legal guardian of the child until the child reaches the legal age (20 years old), and a person exercising parental power has the right as follows:

1. Determine the child’s place of residence
2. Discipline the child reasonably
3. Require the child to work, consistent with his or her abilities and status
4. Demand the return of the child from someone else, including another parent who does not have custody rights and unlawfully detains the child
5. Manage the property of the child with the restriction that selling, mortgaging, and exchange the property of the minor child must obtain the approval of the court

Child custody in Thailand can be obtained by two procedures as follows:

1. By the mutual consent of the parties
2. By the decision of the court

Two Procedures for Obtaining The Child Custody in Thailand

1. CHILD CUSTODY AGREED BY MUTUAL CONSENT

   • Thailand Child custody for married spouses

     If the parents divorce in Thailand by mutual consent or the uncontested divorce, and the divorce has the child custody in Thailand involves the parents can enter into a divorce agreement concerning how the custody shall be shared between them. In addition, the agreement can also include the visitation of the child and the child support. However, in order for the agreement on the child custody to be valid, it has to be signed by two witnesses and registered with the district office at the time of registering the divorce.

   • Thailand Child custody for an unmarried couple

     If the unmarried couple has a child born out of the marriage, the mother of the child only has the sole custody over the child. However, prior to considering whether the father should exercise the custody rights over the child, the child must be registered as a legitimate child of the father first. To legitimize a child, the father has to register a legimation of the child in Thailand with the local district office. If the mother and the child consent to such legitimation; then the registration allows the father to have the joint custody or sole custody over the child upon the agreement between the father and the mother of the child.

2. CHILD CUSTODY DECIDED BY THE COURT
   • Child custody in Thailandfor a married spouseIf divorce is granted by the court’s judgment or contested divorce, the judge in the divorce case will decide who should be granted the child custody; otherwise, the judge can appoint a third person as a guardian in place of parents if such order is for the happiness and interest of the child. Nevertheless, the judge can also, at the time of divorce or later, takes away the custody if a parent given the rights of custody is incompetent, misconduct, or has abused his or her parental power. Either a parent without custody or the public prosecutor on the child’s behalf can file a petition to change the custody at any time.

   • Child custody in Thailand for an unmarried couple

     If the father of the child born out of the marriage files a legitimization of child in Thailand, the custody issue can be petitioned together with the legitimization case. The court in the same case will decide whether the father is suitable to exercise the partial or whole custody over the child. – Siam Legal