FD25P00067 - [2025] EWHC 2572 (Fam)

Fecha: 09-Oct-2025

The Single Joint Expert on Thai law

The Single Joint Expert on Thai law

17.

A SJE expert report on Thai law, prepared by a Thai lawyer and an English solicitor, says as follows:

Under Thai law, the best interests of the child are paramount in all decisions.

ii)

Both parties have parental powers.

iii)

By para 75 of the report:

‘‘….when a person exercising Parental Power is adjudged incompetent or quasi-incompetent or abuses their Parental Power in relation to their child, or is guilty of gross misconduct the Thai court may, of its own motion or the application of an interested party including the Public Prosecutor, order the deprivation of the person’s Parental Power either in part or whole”.

iv)

The Thai court would not automatically recognise an English court order. There is no formal recognition process. Separate legal proceedings in Thailand need to be instituted to make an order in Thailand in similar terms. However, an English order has the potential to be determinative if it is not contrary to public policy. At the very least, it carries weight.

The Thai court would scrutinise the English order (or any agreement) to ensure that the terms are consistent with Thai law.

vi)

Thailand has domestic violence legislation to protect victims. This includes criminal and civil proceedings. The equivalent of non molestation orders is available. Domestic abuse is taken into account when considering custody and contact.

vii)

There is no legal aid system in Thailand, but there is a system of pro bono representation.

viii)

M can apply for a relocation order.

ix)

M would be entitled to enter Thailand on a 90 days tourist visa, or a 1 year visa applicable to family members. The Thai court in children proceedings can address the visa situation with an order for M to obtain a visa for the relevant period. O would be entitled to enter as a dependent of F.