Parental power and court-appointed guardianship
Documents for parental power under section 1566 of the Civil and Commercial Code, divorce agreements on custody, and appointment of a guardian under sections 1585 onward.
Parental power over a minor rests with the parents under section 1566 of the Civil and Commercial Code, which also lists the situations in which it rests with one parent alone — for example the death of the other parent, an adjudication of incompetency, or a court order allocating parental power.
In a consensual divorce, the agreement attached to the divorce registration usually records who exercises parental power, maintenance and contact arrangements. Thai and foreign authorities regularly ask for this document when considering travel, schooling or passport applications for the child.
Where both parents have died or parental power has been withdrawn, the court may appoint a guardian under sections 1585 onward. The guardian's authority over the minor's person and property is defined by law, and significant transactions affecting a minor's property require court permission under section 1574.
For use abroad, obtain certified copies of the court order or the divorce agreement, translate them and run them through the Department of Consular Affairs and the destination embassy. Conversely, a foreign custody order used in Thailand must first pass its own country's chain and the Royal Thai Embassy or Consulate.
Documents to prepare
- The minor's birth certificate and house registration
- Marriage or divorce registration with the attached divorce agreement
- Court order or judgment on parental power or guardianship, with the certificate of finality
- ID card or passport of the person exercising parental power
- Consent letter for the child's travel abroad in the form the receiving authority requires
- Certified translations of every document used across borders
Certification order
- Establish clearly who currently exercises parental power — by law, agreement or court order
- Obtain certified copies from the registrar or the court
- File with the Juvenile and Family Court if parental power must change or a guardian is needed
- Request the certificate of finality once an order or judgment is issued
- Translate and certify the translation into the required language
- Legalise at the Department of Consular Affairs and the destination embassy in order
Pre-filing checklist
- Check the child's and guardian's names match the passports letter for letter
- Prepare a travel-consent letter for trips with only one parent
- Ask the destination embassy which certified form of the order it accepts
- Do not rely on an unregistered divorce agreement as proof of parental power
Frequently asked questions
Who exercises parental power after divorce?
Whatever the divorce agreement records, or what the court has ordered. Absent either, section 1566 of the Civil and Commercial Code governs.
Does an unmarried father have parental power?
As a rule the child of an unmarried mother is her legitimate child under section 1546. The father acquires parental power only once he is the legal father and an agreement or court order gives it to him.
What documents are needed to take a minor abroad?
Airlines, embassies and immigration may ask for the birth certificate, proof of parental power and the other parent's consent. Requirements differ by destination, so check in advance.
Does selling a minor's land require court permission?
Yes. Section 1574 requires court permission for significant transactions involving a minor's property, including the sale of immovable property.
Can a foreign custody order be used in Thailand directly?
It must pass the origin country's certification chain and Royal Thai Embassy or Consulate legalisation with a certified translation. Whether it is given effect is for the Thai authority or court receiving it.
How is a guardian appointed for a minor?
By petition to the Juvenile and Family Court under sections 1585 onward, showing that the minor has no one exercising parental power and that the proposed guardian is suitable.
Can the person exercising parental power be changed later?
Yes, by petition to the court showing changed circumstances and the child's best interests. The court decides on the facts of each case.
Where is a travel-consent letter certified?
If the parent is in Thailand and the letter is for use abroad, a Notarial Services Attorney commonly certifies the signature, after which it goes through the Department of Consular Affairs and the destination embassy as required.
For a document review before filing with a registrar or court, contact LINE @nycli, phone +66-83-249-4999 or email nycli@ilc.ltd. Our team will confirm the steps, anything still missing and a realistic timeline.