MINOR CHILD PROTECTION ON MUTUAL CONSENT DIVORCE

Abstract

Family institution has the great importance to the quality of the population in society, especially the families with children. When parents wish the marriage to be terminated and get divorced by mutual consent. Civil and Commercial Code of Thailand however requires that the agreement on the child custody and support should be set by section 1520-1522, it is not a condition of validity of the divorce. Divorcing spouses in non-judicial divorce process might not stipulate the conditions of child custody and support in a divorce agreement, or they desire to change the specified one later; nevertheless, there are no other ways to form the agreement except for bringing a case to the court for a decree, consider essentially by judge regard to the well-being and the best interest of child. According to the study of the principle of divorce by mutual consent of Thai law compared to other countries, present that in England and America, the divorce can only be done through a court review to protect the declaration of true intentions of the spouse and verify the deserve rights according to the best interests of the child, such as the child support and the visitation right, etc. In France, the spouses can divorce without going through court procedures, although there are the conditions that the agreement must be notarized and the exceptions when the spouse has a minor child, who is capable to understand and expresses an opinion. The court must listen as well as take the minor child opinion into consideration with respect to certify of rights under the Convention on the Rights of the Child.

Modification of the conditions in the registration of mutual consent by requiring additional documents covering the child custody and support, the visitation right, mental health report of parents and child, including other necessary information, along with inspecting the divorce agreement from conflict of public order and good morals, certified by the responsible agency, would advocate children rights that should be protected according to the best interests of the child after the end of the marriage of the parents.