Hague Treaty International Child Abduction
The Hague Convention on Child Abduction allows for claims by parents who have had their child abducted. The Thailand Child Abduction Act is the domestic law that allows for an aggrieved parent to enforce his rights to have his or her child returned to their country of residence.
In custody disputes between parents, one parent may flee Thailand (with their child) to a different country. Normally these situations arise between couples with children who are foreign nationals or have relatives outside of Thailand.
The Hague Convention on Child Abduction is multi-lateral international treaty that allows for a parent who has had their child abducted by the other parent to petition for the child’s return. Thailand has been a signatory to the Hague Convention on Child Abduction for many years. In 2013 Thailand adopted the major provisions of the Hague Convention n Child Abduction as part of its internal domestic law. The Thai law is known as the Thailand Child Abduction Act.
The Thailand Child Abduction Act established a procedure for enforcing rights under the Act, including a specialized court and a Central Authority.
Petitions can be submitted to the Thailand Central Authority. Also, private court claims may be made under the Thailand Child Abduction Act. A claimant must prove that the Child’s “habitual residence” is the place where the return of the child is requested.