Tag Archives: law

Cross Recognition of Thai- American Parentage

An Illinois court ruled in favor of a Thai woman recognising an American as her child’s father


An Illinois Court has ordered a man to pay child support in Thailand to triplets he had fathered through assisted conception methods.

Justice Lampkin of the Circuit Court of Cook County ruled in accordance with a judgment order from Thailand recognizing Harlow to be the biological father of triplets conceived by gamete intrafallopian transfer (GIFT) and imposed child support obligations on him.

The mother, Wipaporn T. petitioned the Circuit Court of Cook County to recognize and enroll the Thai judgment under the principles of comity.

Harlow tried to get the petition dismissed under  claims that it contradicted an Illinois Parentage law that does not recognize sperm donors as fathers. However, Harlow had signed the consent form for the transfer under “husband”. Wipaporn also submitted photographs showing Harlow and herself participating in a traditional Thai marriage.

The Illinois court ruled that since Harlow had acted like the father prior to conception and had “plans to claim the three boys as dependents, take tax deductions for his support payments to them and enable them to access their rights of U.S. citizenship,” he must support the three children.

Related topics:

Thailand Paternity Right

Thailand Child Support

US Can Block Visas For Espionage Suspects

A new act, recently passed by the U.S. Congress has given the US Government the power to block visas. It is thought the premise behind the Act is to block Hamid Aboutalebi, Iran’s newly appointed ambassador to the UN, from entering the United States reports CCTV English.

CCTV reports that the US is defending its decision for reasons of espionage and terrorism.

Iran has announced its decision to sue the US over the new law. The Islamic republic also said it has a number of options to take against Washington’s move.

Read the full story here

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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

US Dad Forced to Pay 26 Year Old Daughter’s Law School Tuition

Photo by Jeff Hester
Photo by Jeff Hester

Opposing Views recently reported that an American father had been ordered by an appeals court to pay half of his 26 year old daughter’s $225,000 law school tuition fees.

The father, Mr Livingston, agreed to pay half of his daughter’s tuition fees in a divorce settlement in 2009. His daughter then asked him to honor the agreement in 2012 when she was accepted to attend Law school. Mr Livingston responded that he would pay $7,500 and only if his daughter lived with her mother and attended a Law school of his choice.

Mr Livingston’s estranged wife filed and won a lawsuit against him in 2012 demanding that he honor his child support agreement. Livingston recently appealed against the court’s ruling stating that he should not have to honor the divorce agreement because he has become estranged and that he had no involvement in the choice of her Law school.

Mr Livingston may have prejudiced in this decision because of the child support settlement agreement he previously signed. Had there been no signed agreement the Court may have ruled that child support should end when a child reaches the age of emancipation. Chaninat and Leeds Thailand child support attorneys state that in Thailand, the majority (emancipation) age is 20 years old. In US Courts the age of emancipation can vary but is usually considered to be between 18 and 21 years of age. However, in some cases child support obligations may be extended until college graduation.

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Reversal of US Divorce Ruling Concerning Child’s Education

Thai Government Sign Labor Law Memorandum



The Nation has today reported that the Thai government has signed a memorandum of understanding, which could lead to landmark changes in Thailand’s labor law guaranteeing workers – including migrants – certain legal rights and conditions. Government workers, like soldiers and police, would also be granted certain rights as employees under the proposed changes.

The government is being asked to introduce ILO Conventions 87 and 98 which relate to workers protection when they ask for better terms and conditions of employment, and protection for striking workers when involved in wage and working condition negotiations.

According to Thailand Attorneys, Chaninat & Leeds Thailand employment law is primarily codified and enforced by the Thailand Ministry of Labour. However, before a proposal becomes a law, the draft of the law is normally prepared by Committee members in Parliament. To become law the draft must be passed by Parliament and signed by his Majesty the King. In general Thailand labor law applies to workers who are both Thai nationals and non-nationals. However there are special regulations for non Thai nationals that include the requirement for work authorization.

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