Monday, December 24, 2007 [unpublished=supressed by bangkokpost]

Thailand's 'legal-system' and its' claimed underying ethics and morality, is at best a feigned facade.
Thai's and Thailand claims that they are deeply concerned about the welfare and well-being of children.
In fact, not true for even basic childrens' rights.

Thailand, is not a signee of the United Nations Hague Convention. Thus, by usual senario: a distraught 'thai' wife abducts the children from the residence of the [usually] foreign husband denying them of their father, medical care, and a meaningful education.

Within Thailand, and sometimes outside of Thailand,...with the assistance of Thai Embasies, the children are abducted and secreted back to Thailand [again usually done by the thai wife].

Under the Hague Convention, this is a social, ethical, and criminal action.

Within Thailand, Thai Police will actively 'give-over' children to the wife, the thai-party, without any Thai Court judication, ...without consideration that the thai wife may have a history of mental imbalance and abuse, and without any consideration that such a decision should not be made by Thai Police.

Thai Metro Police will actively refuse to take a report against the abducting Thai wife ['thai's don't hurt thai's], Thai Metro Police will also not listen to the children's request that they do not wish to stay with 'mummy' but want to stay with 'pa'. [thai police do not listen to children's requests, even when injuries and scars can be shown, it is expedient and there is no need for the Thai Police to make paperwork about what happened].

The childrens rights are thus denied, their rights as humans are denied, and their well-being and education diminished.

Foriegn Embassy's, ie. U.S. Embassy Bangkok, can claim the virtue of 'forgetting'.
...'Thailand is a soviergn nation' and the US Embassy cannot interfer.' This is like witnessing a snake devour your child and your trying to be polite to the Host Country by not pointing out that there is a problem or that the childs' Rights and wellbeing are being denied....forever. The Embassy thus become complicit the Thai societies smiling veneer civility; [it is useful to note that it is impossible to talk or to tell the truth while smiling.]

The insidence of such events is frequent. The US Embassy non-action effectively results in the child's loss of rights, even though he or she may also be registered as US Citizens, by not even attempting a minimal request for intervention in the interests of the child.

The US Embassy may also become an accomplise by listening to the Thai Police side and complying by not disputing...the given story that all foreigner husbands 'fahlang' make trouble and are bad....not good like us thai's'

As the US Embassy wants to remain a non-interfering guest, the Embassy will not in anyway suggest, nor aid in a saving 'reabduction' even if it is clearly an act of justice in the child's best interests.[not the same as the foreign Thai Embassies that will assist thai's with abductions.]

As for progress through the Thai Courts... as a civil matter, most people have neither the time nor assets for this; there are also cases where the foreigner besides having his children abducted he has also had all of his assets stolen; how then can a crime-victim proceed to judication? [Both Thai Police and Thai Judges, acting on personal beliefs, find it 'unbeleivable' that foreigners do not have money, or that 'all' of there money could have been stolen.'

As for progress through the Mental Health departments of Thailand? Thailand has very little resources for all of the existing Thai mental-health problems and absolutely will not even consider that a distraught thai-wifeis a social, mental, and legal problem to thechildrens well-being.

And as for progresss on the basic thai social level? I have b een told by Thai's, 'if there is a problem between you and your wife, I will take the children to replace all the children I had aborted ...this will give me lucky.'

Lack of laws and social mores is no excuse for damaging a childs' rights and his future. Not compliance or signature agreement with International Standards and Statutes for Childrens Rights only brands the non-compliant country and its government as criminal.

REFERENCE: [do not ask US Embassy Bangkok for assistance]

GENERAL INFORMATION: Parental Kidnapping is not a crime in Thailand and Thai authorities will not issue a warrant or become involved should one parent take a child without the other parent's authorization. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Thailand, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.
CHILD CUSTODY: Under Thai law, the question of child custody is addressed in Book Five of the Thai Civil and Commercial Code under the general headings Termination of Marriage and Rights and Duties of Parent and Child. The relevant portions of the law follow in full:
Section 1520. In case of divorce by mutual consent, the agreement for the exercise of parental power over each of the children shall be made in writing. In the absence of such agreement or (if) an agreement thereon cannot be reached, the matter shall be decided by the court.
In case of divorce by judgment of the court, the parental power belongs to the party in whose favor the judgment is given, unless it is decided by the court that the parental power shall belong to the other party, or that a third person shall be the guardian.
Section 1521. If it appears that the guardian as provided in Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the court has the power, after taking into consideration the happiness and interest of the child, to give an order appointing a new guardian.
Although the parental power belongs to one party, the other has the right to continue such personal relation with the child as may be reasonable according to the circumstances.
Section 1522. In the case of divorce by mutual consent, an arrangement shall be made and contained in the agreement of divorce as to who, both of the spouses or either spouse, will contribute to the maintenance of the children and how much is the contribution. In case of divorce by judgment of the court or in case the agreement of divorce contains no provisions concerning the maintenance of the children, the court shall determine it.
Section 1566. A child is subject to parental power as long as he is not sui juris. The parental power is exercised by the father or the mother in any of the following cases: sui juris adj. Law. Capable of managing one's own affairs. [Latin su? i?ris : su? , of one's own + i?ris , genitive of i?s , right, law. (1) The father or mother is dead;(2) It is uncertain whether the father or the mother is living or dead;(3) The father or the mother has been adjudged incompetent or quasi-incompetent;(4) The father or the mother is placed in a hospital by reason of mental infirmity;(5) The parental power has been granted to the father or the mother by an order of the court. The parental power is exercised by the mother, when the child was born out of wedlock and has not yet been legitimated by the father according to Section 1547.
Section 1567. A person exercising parental power has the right:(1) to determine the child's place of residence(2) to punish the child in a reasonable manner for disciplinary purposes;(3) to require the child to do such work as may be reasonable to his ability and condition in life,(4) to demand the return of the child from any person who unlawfully detains him.
As shown above, the question of child custody under Thai law is addressed mainly in the context of termination of marriage. It is therefore difficult to speculate about what kind of stance the Thai courts would take toward a custody decision made in the absence of the termination of a marriage, e.g., in the event of a legal separation.
As a matter of law, foreigners are treated on an equal basis with Thai citizens in matters relating to child custody. Thai law makes no distinction between the rights of the father and mother on issues of child custody.
ENFORCEMENT OF FOREIGN ORDERS: Foreign orders (including U.S. custody orders) are NOT enforced/enforceable in Thailand. American citizens who travel to Thailand place themselves under the jurisdiction of Thai courts. If a taking parent chooses to remain in Thailand with a child or leave a child behind in Thailand, the U.S. Embassy cannot force either the taking parent or the Thai Government to return the child to the United States. American citizens planning a trip to Thailand with dual national children should bear this in mind.

No comments: