A child is bound under parental authority until he reaches the majority age and is considered legally capacitated.
Parental authority is primarily exercised by the parents of the child. Should the parents be deceased or incompetent, the court may place the child under substitute parental care.
As provided in Thai Civil and Commercial Code, a person exercising parental power has the right:
-to determine the child’s place of residence;
-to punish the child in a reasonable manner for disciplinary purposes;
-to require the child to work as may be reasonable to his ability and condition in life; and
-to demand the return of the child from any person who unlawfully detains him.
A person who exercises parental authority also acts the legal representative of the child. If the child is adjudged incompetent or quasi-incompetent, the person exercising parental authority over him shall be his guardian or curator, as the case may be.
Additionally, parental authority includes the management of the child’s property. The law imposes limitations on the management of the child’s property. Some of the limitations include selling, mortgaging, creating servitude or generally imposing a lien on the property. Only through court approval may the person with parental authority subject the property to such liens.
Finally, a person exercising parental authority cannot, without the consent of the minor, create an obligation the subject of which is personal to the child.
This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes legal guides to child custody in Thailand (http://www.siam-legal.com/legal_services/Child-Custody-in-Thailand.php) on its website.
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