Review your legal custody rights.
- If you are a lawful guardian (such as a legal father or mother with joint custody), you have the right to contact, visit, or communicate with your child.
- Even after a divorce, unless the court has revoked your custody rights, you still retain those rights.
Engage in mediation
- Discuss with the other party to reach a mutual agreement, such as scheduling visitation times with the child or communicating via video calls.
If the other party refuses to cooperate, you may request a social worker or social development officer to act as a mediator.
File a petition with the court
If negotiations fail, you can
- If negotiations fail, you can file a petition with the Juvenile and Family Court to exercise your legal rights to contact your child or request a court order allowing visitation.
- The court will consider the “best interests of the child” as the primary factor, such as the child’s safety and mental well-being.
The court issues a judgment
- If the judgment is not complied with, enforcement actions may be taken. The court will issue a summons for a hearing and warn the party to comply with the judgment.
- If the party continues to willfully disobey, they may be detained until they comply with the judgment (for periods not exceeding 15 days each time), according to Section 161 of the Juvenile and Family Court Act B.E. 2553 (2010).
Request to modify custody rights (if necessary)
If the other party repeatedly and unreasonably obstructs contact, you may file a petition to modify the custody rights and ask the court to consider appointing you as the legal guardian instead.
The court has issued an order prohibiting contact with the minor, but it has not been complied with.
The court’s judgment is considered a final and binding order
- Violation of the court’s order is considered contempt of court.
- If the order is not complied with, enforcement measures may be taken, including the court issuing a summons for a hearing and warning the party to comply with the judgment.
- If the party continues to disobey, they may be arrested and detained until they comply with the judgment (for periods not exceeding 15 days each time), according to Section 161 of the Juvenile and Family Court Act B.E. 2553 (2010).
The victim can file a complaint with the police
- If a violation is observed, you can report it to the police immediately.
- Authorities can arrest or prosecute if the act constitutes a criminal offense, such as child abuse.
The court may impose penalties such as:
A fine
Imprisonment for up to 6 months
Or both fine and imprisonment
(in accordance with Section 32 of the Civil Procedure Code)
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With legal expertise accumulated since 2012, we are trusted professionals you can rely on for all legal matters. Whether it’s civil and commercial law — covering contracts, litigation, and legal proceedings — or labor law that helps your business avoid disputes, we’ve got you covered. We also specialize in family law, inheritance law, consumer protection law, intellectual property law, criminal law, and more. In addition, we offer comprehensive legal consultation and registration services in both Bangkok and Nakhon Ratchasima.
With legal expertise accumulated since 2012, we are trusted professionals you can rely on for all legal matters. Whether it’s civil and commercial law — covering contracts, litigation, and legal proceedings — or labor law that helps your business avoid disputes, we’ve got you covered. We also specialize in family law, inheritance law, consumer protection law, intellectual property law, criminal law, and more. In addition, we offer comprehensive legal consultation and registration services in both Bangkok and Nakhon Ratchasima.