Parental Abduction: Thailand Child Abduction Law


July 14, 2012

Source: Thailand Family Law Center

Child abduction or “child kidnapping” cases typically occur during a child custody dispute, when one parent flees a legal jurisdiction with a child to avoid the jurisdiction of a particular court. International law and Thailand family law may come into play when a child is abducted from a foreign country and taken to Thailand or when a child is taken from Thailand to a foreign country, or when a child is abducted by a parent within Thailand.

Q: What should I do if my child is abducted and taken to Thailand?

A: The first thing a parent must do if a child has been abducted is to contact a qualified Thailand family law attorney and make a police report. A qualified attorney will assist with filing the necessary complaints with legal authorities. Based on the circumstances of each case, a family attorney may file a police report with the relevant embassy in Thailand, or file a formal request pursuant to the Hague Treaty. A Thai Family Law Attorney can file a court complaint with the Thailand family court. If criminal charges are involved, a criminal complaint may also be required.

Q: Can the Hague Convention on Child Abduction be used in Thailand?

A: The Hague Convention on the Civil Aspects of International Child Abduction provides a procedure for parents who have had their children abducted by the other parent. The Hague Treaty on Child Abduction is executed through the governments of treaty member countries, but normally requires an attorney to file the appropriate documents with the government authority responsible for the retrieval of the child.

Thailand has formally acceded to the convention; however, at this time the proper procedures for acting upon the convention have not been codified into Thai law. This means that the convention, falls into an ambiguous area of Thailand law. In certain cases of child abduction originating in Thailand, wherein the child has been taken to a different that is a Hague connection signatory, a Hague Convention action may be filed through the relevant government authorities of the country. However, in cases where a child has been abducted and taken to Thailand, the aggrieved parents’ remedy may be through obtaining a court order from the Thai family court. Cases need to be examined individually.

Q: What is the procedure for retrieving a child who has been taken to Thailand?

A: In order to retrieve a child that has been abducted by a parent in Thailand, the parent who is seeking the return of the child must established custody rights of the child in Thailand Family Courts. A court order of sole custody can then be used by the aggrieved parent to obtain the return of the child. Such action can be enforced by Thailand court and police officials. Depending on the circumstances, a police complaint may also be necessary.

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The Hague Convention is not enough to recover your child


July 8, 2012

Many left-behind parents are told that the Hague Convention will bring about the return of their abducted children. Some authorities say that if your child is abducted, you should follow procedures outlined by the Hague, but this is a flawed system that does not work.

Until 1980, there was no international system in place to help parents recover abducted children who had been taken to other nations. The Hague Convention attempted to create one, but it doesn’t work. If you take the time to read the well-intentioned text of the Hague, you’ll see its many flaws.

In our opinion, it’s not worth the large amounts of money, time and trouble to hire an attorney to try using the Hague Convention to get your child back. You aren’t likely to get him or her back — and even worse, the abducting parent could be “legitimized” by the courts in another nation.

Under the Hague Convention, a case must be filed in the country where the abductor has taken the child. The courts of that country tend to render their decisions in favor of their countrymen, as the Hague Convention focuses on residency, not citizenship. There is little concern for the fact that the child is a citizen of the country from which he or she was abducted, or for the possible detrimental effect on the child.

Even if the child was born in your country, if that child is found to be a “habitual resident” by the courts in another country, the child may be ordered to be returned to that country.

This underscores the need to act quickly.

Few, if any, of the Hague signatory countries are going to send anyone out to physically recover your child for you. Embassy officials will check on the child’s welfare, if it is known where the child is and if the abducting parent lets them.

As soon as abducting parents are aware that that they’ve been located, they’ll usually disappear with the children again.

And about hiring lawyers

You need to be aware that a great amount of money has been spent on lawyers in foreign abduction cases. The unfortunate fact is that they, most often, can’t practice in the foreign courts and are required to hire associate lawyers in the foreign country.

Note: they often have no qualifications or experience working with child abduction cases.

More money…

Educate yourself

Many resources are available to help you learn about parental child abduction. If you’re dealing with an abduction, the better informed you are, the better equipped you’ll be to cope.

Recover your child

Time is of the essence. Parentally abducted children are helpless on their own and confused by the irrational and sometimes abusive acts of non-custodial parents who are supposed to have their best interests in mind. ABP World Group Ltd. has the manpower and the know-how to rigorously cover all avenues, and bring your child home.

Follow our updates on Twitter and Facebook

One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

NOTE: We are always available 24/7

U.S Phone Number: (646) 502-7443

UK Phone Number: 020 3239 0013 –

Or you can call our 24h Emergency phone number: +47 45504271

Father from US wins custody of child abducted by Japanese mother in Osaka high court


June 16, 2012

Source: The Japan Daily Press

Imagine the plight of an abducted child…abducted by their own parent. For reasons best known to them, couples of failed marriages, and who belong to different nationalities, prefer to kidnap their child to their home country, rather than going through the legal channels for custody. The latest news in this event is the case of a Nicaraguan national living in the US and his estranged Japanese wife, who fled to Japan with their 9-year-old daughter.

The marriage didn’t work out so the 44-year-old mother, thought it better to bring back her daughter to Japan, in spite of the husband being granted custody in a U.S. suit over the couple’s divorce. To make matters worse, the U.S. authorities arrested the Japanese mother in April last year, when she hopped over to Hawaii to renew her green card. She was later released after she surrendered her rights over her daughter.

Apparently the mother sought justice through the Itami branch of the Kobe Family Court in March last year. They ended up granting her custody, but the Osaka High Court has overturned the ruling, stating the girl is accustomed to her life in the US and keeping that it in mind, she must continue to live with the father. The bottom line is, that although Japan has agreed to consider the Hague Treaty, things will not be in favor of the abducted children until Japan avails the facilities of the treaty. Till then, the poor children bear the brunt of their parent’s silly actions.

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