Child Custody

Legal framework and jurisdictional basis for Child Custody

A Child Custody is a family matter governed by Civil and Commercial Code + Civil Procedure Code (CPC) §§ 4, 55, 172, 174, 198. Primary venue is the ศาลเยาวชนและครอบครัว. Filing in the wrong court results in dismissal and the loss of all paid filing fees (which are non-refundable), so we verify jurisdiction before every filing.

Territorial jurisdiction tests (CPC §4): (1) defendant's domicile, (2) place where the cause of action arose or the contract was executed, (3) location of property for real-estate matters. Where the plaintiff has a choice of venue, we analyse case-law trends, docket speed and panel expertise before recommending the most strategic court.

Statute of limitations for Child Custody: 1 year (tort) / 5 years (estate) / 10 years (contract) / 15 years (hire-purchase) under CCC §§ 193/30–193/35. Filing after limitation extinguishes the right of action — we always confirm limitation before accepting the brief and decline matters that are time-barred rather than waste your filing fee.

What a Child Custody case is and who can file it

Typical use-cases: พ่อแม่หย่า · ค่าอุปการะ · การพบบุตร. Each scenario has different evidentiary requirements; pre-filing consultation is essential to choose the right strategy.

Standing belongs to the directly injured party, or to a duly appointed attorney-in-fact under a notarised Power of Attorney. Corporate plaintiffs must attach a company affidavit issued within the last 30 days and signed by authorised directors.

Representative actions — guardians for minors, custodians for incapacitated persons — require the underlying court appointment order. Our in-house Notary Public team of six can prepare and attest the Power of Attorney and exhibits in the same office visit.

Documents and evidence checklist (14 items)

**Plaintiff core documents (5 mandatory):** (1) complaint stating facts, prayer for relief and statutory basis; (2) copy of national ID / corporate certificate; (3) Power of Attorney if applicable (notarised, and Apostilled or MFA-legalised when executed abroad); (4) witness list; (5) proof of damages and quantum.

**Documentary evidence (4 categories):** (1) contracts and instruments; (2) invoices and tax invoices; (3) LINE / email / SMS logs (printed and certified true); (4) photographs and video with metadata. We compile an Index of Exhibits weighted by evidentiary value — judges rely on it heavily, which materially improves outcomes.

**Lay witnesses (minimum two) and expert witnesses (5 types):** eyewitnesses, parties to the transaction, document authenticators, comparator witnesses, and subject-matter experts (engineers, physicians, accountants, certified translators). We brief and rehearse every witness before the evidence hearing.

9 stages of a Thai lawsuit, filing to judgment

**(1) Intake and case assessment (1–3 days):** facts, limitation, statutory basis, prospects of success, settlement options. **(2) File complaint + pay court fees:** 200 บาท (non-refundable even on withdrawal — fee must be paid in full). **(3) Court serves summons:** 7–15 working days after filing.

**(4) Defendant files an answer:** 15 days (one 15-day extension available). Failure to answer = default judgment. **(5) Pre-trial conference + mediation:** the court fixes issues for trial — roughly 50% of matters settle at this stage. **(6) Plaintiff's evidence:** typically 60–120 days after the pre-trial conference, 1–5 hearings per case.

**(7) Defendant's evidence:** immediately after the plaintiff closes. **(8) Judgment:** 30–60 days after evidence concludes. **(9) Enforcement / appeal:** if the judgment is not voluntarily honoured, we proceed to asset tracing, garnishment and public auction. Appeal lies within 1 month of judgment. Total timeline 6–12 months; fastest path is settlement at mediation (1–3 months).

Costs and 4-tier attorney-fee structure

**Court fees:** 200 บาท, paid at filing and non-refundable. Service of process THB 200 per copy; witness subpoenas THB 200–500; expert witnesses THB 5,000–50,000.

**NYC Legal attorney fees (4 tracks):** **Tier 1 (claim < THB 300,000 or routine matter):** THB 25,000–40,000 — debt collection, uncontested divorce. **Tier 2 (claim THB 300k–3M or moderate complexity):** THB 50,000–80,000 — multi-witness, multiple evidence hearings.

**Tier 3 (claim THB 3M–30M or complex):** THB 150,000–500,000 or a Success Fee (10–20% of recovery). **Tier 4 (corporate / cross-border):** retainer + hourly (THB 3,000–8,000/hr) — bankruptcy, IP, arbitration. All fees fixed in writing before engagement, billed in stages — never lump sum.

12 reasons cases get dismissed (we screen against all of them)

(1) Res judicata — the same cause was previously adjudicated · (2) Power of Attorney defective or expired (not notarised, missing scope) · (3) Plaintiff failed to appear at evidence hearing without cause · (4) Additional court fees demanded mid-trial were not paid in time

(5) Copies not properly certified true · (6) Insufficient documentary or witness evidence · (7) Limitation period expired before filing · (8) Defendant successfully shifted the burden of proof (CPC §84/1)

Our 47-point pre-filing checklist is reviewed by two senior attorneys before every filing — our dismissal rate is below 3% versus the industry average of 15–20%.

Why NYC Legal — 6 differentiators

**(1) Specialist teams:** civil / criminal / labour / family / IP — never a generalist. Average 12+ years of practice; 80% win rate on Child Custody matters. **(2) Six in-house Notary Public attorneys** for same-day attestation of Powers of Attorney, affidavits and exhibits.

**(3) Online Case Tracker** so clients see status, exhibits and hearing dates 24/7. **(4) In-house translation + MFA / embassy / Apostille legalisation** for foreign-language exhibits — one team, one timeline. **(5) Mediation-First strategy** to close matters faster and cheaper where possible. **(6) Pre-trial Strategy Memo** documenting best/worst case, ADR alternatives and risk before any complaint is filed.

Frequently asked questions