Hughes Krupica: Legal Rights of Parents and Children

The diversityhe diversity of nationalities in Phuket can provide a rewarding tapestry that can be seen in children’s classrooms, on sports fields and in school plays and musicals. Parents lovingly admire and feel proud of their children. I even hear there is a new kids’ club planned not far from my office. Great news all round for Phuketians.

However, do parents actually know about some of the rules which apply to their legal relationship and standing with their children?
I have heard comments such as, “I can just put that piece of land in my son’s name; he can apply for the building permit.” and the like over the years and in that age-old practice of trying to ‘save legal fees’, mistakes are made.

The rules in Thailand do offer some surprises...

My father upset me recently by leasing out the front of our house to a noodle seller. I didn’t say he could do that. Can I sue him for misappropriating my property or exploiting it for financial gain?
Subject to some exceptions, generally no. Under section 1562 of the Civil and Commercial Code (CCC), no person can enter a civil claim, or institute a criminal case, against his own ascendants, unless that person or a close relative of such person, makes a request – upon which the case can be taken up by the Public Prosecutor.

If I separate or divorce from my wife, can I force maintenance payments for our children’s education?

I believe in ensuring my children go to school, but my wife seems to think that the children can learn at home and is very relaxed about the concept of education. I can’t believe that it is fair on children not to educate them properly. Are there any laws or rules about this in Thailand? If I separate or divorce from my wife, can I force maintenance payments for our children’s education?

Yes there are. Under Section 1564 of the CCC, “The parents are bound to look after their children and to provide a proper education for them in the period of their minority.”

A mother or a father can be subject to a case regarding maintenance.
Don’t use your children to manage your property interests, without seeking advice on whether you need permission to do so and on how to structure your collective interests.

As a parent, what are my obligations and scope of power in terms of managing my children’s property?

Under s.1572 of the CCC, parental power includes the management of property of a child but such management has to be exercised with the same care as would be exercised by a person of ‘ordinary prudence’.
Would it be OK for me to put some land and buildings in my son’s name, lease it out to some tenants, borrow some money against it from the bank to pay for my wife’s new car and and use the rental income to buy some diamonds for my girlfriend?

Only with permission of the Court. Under s.1574 of the CCC “A person exercising parental power cannot enter any of the following juristic act with regard to the property of the minor except with the permission of the Court:

(1) selling, exchanging, sale with right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to the mortgagor or transferring the right of mortgage on an immoveable property or on mortgageable moveable property.

(2) extinguishing the whole or part of a real right of the minor on immoveable property.

(4) disposing of the whole or the part of a claim the purpose of which is to create a real right on immoveable property or on mortgageable property.

(5) letting immoveable property for more than three years

(7) making a loan of money.