Tag Archives: child custody

US Court Orders One Year Deadline on Hague Child Abduction

Thailand Child Abduction

Photo by Gavinaz

The US Supreme Court unanimously ruled on 5 March 2014 that the Hague Convention on Child Abduction’s a one year limitation providing for automatic return to the child country of residence , may begin to run even though the non-custodial parent may be unaware that the child has been abducted reported The Washington Associated Press.

The Hague Convention on child abduction states that a child must automatically be returned to its home country within the first year of residing in a foreign country. The Supreme Court ruling will provide a shorter window for the aggrieved parent in a custody battle to demand the automatic return of a child pursuant to the one year time period as defined by Convention.

The Hague Convention is an international convention between member nations that agree to abide by its terms. Nevertheless, the provisions of the Convention would, in general, need to be enacted in each member nation’s domestic laws. Further,  a member nation may interpret or modify its duties, as enacted in its domestic law in accordance with the legal system of that nation’s interpretation of the Convention.

In this instance, the Supreme Court’s ruling means that the one year period, after which US judges may have more discretion to deny the request for the return of an abducted child pursuant to the Hague Convention, may expire more quickly. and thereby prejudice the parent requesting the return.

The US Supreme Court’s ruling will not have a direct effect on most child custody cases in Thailand. However it may have an effect on cases in where a child is abducted from Thailand and brought to the USA and the Thailand based parent requesting the return pursuant to the Convention has exceed the one year period.

Although Thailand, along with the USA, is a signatory to the Hague Convention on Child Abduction. Thailand has only recently enacted internal domestic law to enforce the terms of the Convention pursuant to the Thailand Child Abduction Act.

Read the full article here.

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Thailand Child Protection Act

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Thailand Child Abduction Law

Father In Court In Fascist Costume

A father has appeared before a US court in a Nazi costume whilst seeking to secure visitation rights to his youngest son reports Sky News.

Mr Campbell, who has a large swastika tattoo on his neck, wants to see his son, Heinrich Hons, who has been in care almost immediately since his birth in November 2011.

Thailand Child Custody Law

Chaninat and Leeds specializes in child custody law in Thailand

Heinrich’s elder siblings have been in care since 2009. They too have Nazi inspired names:  Adolf Hitler Campbell, JoyceLynn Aryan Nation Campbell and Honzlynn Jeannie Campbell.

In our humble opinion dressing in such a manner is not the most sensible way of approaching a child custody case or trying to secure visitation rights or gain any empathy from the Court!

Read the full story here

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Related Articles:  Considering Kids? A Mass. Man Offers This Advice or Divorce and Child Custody

US Lawyers carve out New Market Exclusive for Divorcing Men

US lawyers have found a new niche market amid escalating divorce rate and growing numbers of lawyers: “Divorce for men”. These divorce lawyers who exclusively represent divorcing men believe they can provide specialized help to men who fear losing their kids, their houses, and being burdened with massive spousal support or alimony payments.

Protecting rights of divorcing men issues begun in the 70s when men’s right groups challenge divorce laws they felt financially favored women and child custody laws that they claimed favored mothers over fathers when couples divorced.

In Thailand, divorce lawyers who work in this area represent divorcing men on matters ranging from child custody, child support, visitation, and even birth father rights in adoption and paternity issues.

Although there may be a preference for mothers to have custody of young children in divorce cases in Thailand, in general this does not appear to be discrimination against men, according to Thailand divorce attorneys. Additionally, awards of maintenance and child support are fairly conservative compared to western jurisdictions.