Guardians and guardianship in Thailand
The guardian is the person (usually a non-parent) who has been appointed by a judge/ Court to take care of a minor child (called a ward) and manage that child's affairs. Custody is when a biological parent of a minor has been given the power to make decisions regarding the minor’s welfare. This is governed by the section 'parent and child' of the civil code.
The relevant provisions of Thai Law in relation to guardianship and the rights of guardians are set out below:
1. Sections 1585 to 1598 of the Civil and Commercial Code govern the formalities of legal guardianship under Thai law.2. Section 1585 provides that: ‘a person who is not sui juris (under 20 years of age) and has no parents, or whose parents have been deprived of their parental power, may be provided with a guardian during minority.
3. Section 1586 provides that : ‘ the Court shall, in the case there is a testamentary disposition (i.e. Will) on the appointment of the guardian, appoint the guardian accordingly unless the will is not effective or the person specified in the Will is prohibited to be the guardian under Section 1587’
4. A person will be prohibited from acting as a guardian if they are adjudged incompetent; bankrupt or unfit to take charge of another person.
5. Section 1590 provides: ‘there can only be one guardian at a time; however, in case where there is a testamentary disposition (i.e. a Will) directing that several guardians be appointed or there is an application by the person with proper reasons, several guardians may be appointed as the Court considers necessary.’
6. Section 1592 provides that a guardian must make an inventory of the ward’s property within 3 months from the date of appointment by the Court or ratification of appointment by the Court. The inventory must be witnessed by two witnesses who are related to the ward.
7. The guardian is duty bound to submit the inventory to the Court.
8. Section 1598/2 provides that: ‘the guardian has the same rights and duties as a person exercising parental power. Parental power is defined in section 1564 as’ Parents are bound to maintain their children and to provide proper education for them during their minority.’
Sample contract
Translated from Thai settlement agreement sample
THIS AGREEMENT is made on__ day of _____ 2010 at _______ Bangkok
Between:
(1) Mr. _______ ____________, a __ national holding passport number ___________ issued on ___________, currently residing at _______________ Province (hereinafter referred to as “Mr.____”)
And
(2) Miss. _______ ____________, a national of the Kingdom of Thailand with identity card number ____ issued on ___________, currently residing at ________ _ (hereinafter referred to as “Miss _____”)
WHEREAS Mr.____ and Miss ____ were legally ____ married and the son of both is ____ ____ (hereinafter referred to as “Child”)
WHEREAS Mr. ____ and Mrs. ____ now wish to register their legally divorce under Thai Laws,
The Parties hereby agree as follows:
1. Both parties agreed that Miss ____ will be only the Guardian of the Child. Miss ____ shall not behave properly as a good Guardian or the Child can not get along with new spouse as compatible life, Miss ____ agreed to transfer Guardian transfer to Mr. ____. However, Miss ____ permits Mr. ____ for visiting the Child often as he request but at least 2 times in one week and 6 hours per each time and bringing the Child sometime going outside as suitable time. Miss ____ confirmed that Mr.____ has Right to meet his child as father has.
2. Mr.____ agrees that paying beneficial money for the Child to Miss ____ as the following.
2.1 Alimony for taking care the Child at ____ Baht (____ thousand Baht) per month, paying every month within 10 days after the end of each month. For first installment after Commencement Date of this Agreement, Mr. ____ agreed to pay ____ Baht for three months in advance to Miss ____. Mr.____ agreed to pay since Commencement Date until the Child will be 20 years old. Delayed payments within one year will be deemed Mr.____ breach the contract and agree to be fined according to Article No. 4 of this Agreement
2.2 Expense for Child’s education, Mr.____ agreed to pay until the Child shall graduate in Bachelor Degree but not more than 25 years old. In addition, expense for Child’s education shall be paid in actual cost according to Invoice or Receipt.
2.3 Healing Payment for healthy weakness and any accident of Child that Miss ____ request together with Invoice or Receipt in actual cost.
3. Alimony is a privilege of the Child; therefore, even if both parties shall new marry or live with other person as bride and groom, Mr.____ confirm to pay alimony as he agreed in Article 2.1 above. Such alimony shall be transferred to the Bank Account
Such alimony shall be managed be fixed account for the Child only.
4. If Mr.____ breach of all this contract or some part without reasonable reason, Mr.____ agree to be fined proportionally in sum of ____ Baht counting from date of breach of contract until the Child will be 20 years old.
5. Miss ____ agreed Mr.____ bring the Child to apply for English Passport but on that day Miss ____ need to go together except she does not want to come.
6. Miss ____ agreed to move out from Mr. ____’s hotel after Commencement Date of this Agreement
7 This Agreement shall be governed by the law of Thailand. The Parties agree that the Courts of Thailand shall have jurisdiction over any dispute arising out of this Agreement.
8. This Agreement is done in two originals in English with its Thai translation attached. Between the parties the English language version shall prevail over any translation hereof.
Having read and understood this Agreement in its entirety in English and Thai, the Parties now sign before the witnesses on the date mentioned above.
Read full text on GUARDIANSHIP CIVIL AND COMMERCIAL CODE OF THAILAND