Legal Rights of Minors to notify changing of Domicile

Abstract

Because the law regulates the domicile of a minor due to his/her young age and weak experience, therefore, the law allows the legal representative or guardian to involve in the domicile regulated process as to offer a minor protection rather than permitting him/her to express intention to designate own domicile that may cause negative impact or damages to the assets. Therefore, a minor domicile is the same as the domicile of the legal representative or guardian. Nonetheless, after considering the criteria for changing the minors’ domicile in accordance with the Civil and Commercial code and the Civil Registration Act B.E. 2534, the findings suggest the conflicts in principles because the Civil and Commercial Code requires minors to have the same domicile as the legal representative who exercises parental authority, so by law, Section 1567(1) has granted them the right to designate the minor’s residence. While exercising parental authority, the parent or the guardian must provide care and support, including appropriate education  and supervision of their own children, and in return, children should obey the parent or guardian. Therefore, the law gives the parent or those exercising parental authority the right to designate where their young children should live as they see fit. Furthermore. Section 44 of the Civil and Commercial Code stipulates that minors have the same domicile as their legal representatives who exercise parental power, legally and normally  and legally parents can maintain the same domicile as children without objection. However, the Civil Registration Act B.E. 2534 stipulates that persons who have reached 15 years of age can notify changing domicile by themselves. Then, the legal representative or guardian or parents under this condition are unable to designate domicile of children under their care as allowed earlier by Section 1567 (1) of the Civil and Commercial Code. It is evident that under the Civil Registration Act B.E. 2534, Section 30, any person who  has reached the age of 15 can notify changing own domicile with intention to change the current domicile to the actual domicile. In this case, it is not necessary for the minor to have the same domicile as the legal representative or guardian, and they cannot designate domicile of minors who have reached the full age of 15 as earlier stipulated in Section 1567 (1) of the Civil and Commercial Code. In this matter, if a minor who has reached 15 years of age filed the change of domicile, following the rules and conditions of the Civil Registration Act B.E. 2534, the parent or guardian who exercises parental authority cannot claim the domicile to revoke the minor’s right to move own domicile in accordance with the Civil Registration Act B.E. 2534, indicating the minor’s actual domicile.