Parental control is decided by the courts if the parties to the divorce in Thailand cannot be agreed upon.
If the marriage is deemed to be void [See: Divorce in Thailand: Voidable Marriage] the parties may be able to agree about parental powers and monthly maintenance. This agreement would be made in writing. If no agreement can be reached, the courts will decide on parental control and maintenance. If however there is reason to deprive one of the spouses of parental control under Section 1582 the courts may appoint a guardian. Parental control may be deprived of someone who has been declared incompetent or quasi-incompetent. [See: Divorce in Thailand: Insanity] This also extends to anyone who is guilty of gross misconduct, bankrupt or likely to endanger the child/children’s property. The courts may however in the case of bankruptcy only deprive the person only of the right to management of the property. Parental control in the above is covered by Section 1499/1 of the Thai Civil and Commercial Code.
In the matter of a divorce in Thailand based on mutual control, the parties will decide on the parental control themselves in terms of Section 1520. Should they not be able to agree then an application to court would have to be made for the courts to decide on parental control of the child or individual children.
If however the person with parental control (a guardian) behaves improperly application to court in terms of Section 1521 would be instituted. The courts would then decide on a new guardian to exercise parental control.
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