A person becomes a guardian in Thailand on the day he receives notification from the Court that he has been appointed as one. From that point on, he or she is expected to perform several functions for the benefit of his ward.

For starters, the guardian must make an inventory of the ward’s property within three months from the receipt of his appointment. He is mandated to submit to the court a certified copy of the report ten days after he completes the inventory.

The guardian has, generally, the same rights and duties as the person exercising parental authority over the minor, as provided in the Thai Civil and Commercial Code. These rights and duties include supporting the minor and providing for them proper education. The other rights and duties include determining the child’s place of residence, punishing the minor in a reasonable manner, requiring the minor to do such work as may be reasonable for his ability and condition, and to demand the return of the minor from any person who may unlawfully detain him.

To guarantee the maintenance of his ward, a guardian is allowed to dispose part of the minor’s property to answer for his daily sustenance and education. All expenses shall be detailed for report to the appointing court.

A guardian is likewise the legal representative of the minor. As such, he is responsible for keeping his ward away from obligations that will unduly render him responsible or his property liable.

This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes guides to Child Custody in Thailand on its website.

Siam Legal International
Interchange 21 Building, 23rd Floor, 399 Sukhumvit Road
North Klongtoey, Wattana, Bangkok 10110
Tel: 662 259-8100

Can you advise the implications under thai law where the stepfather adopts the minor child and at a later date the spousal relationship ends. Is there an ongoing financial obligation to the adopted child by the stepfather Thanks in advance

good question TT, and I hope Siam Lawyers reply, but my take on your question is that the stepfather ' adopted ' the child, and I cannot see that adoption and the responsiblities that go with it, fall flat on its face just because the relationship with the mother has ended. the child is still the adopted daughter of the stepfather methinks. The adoption would have to be undone, if one sought to neglect ones responibilites..

thanks Siam if you are replying to my early suggestions as to topics members might find useful..