Recognition and Enforcement of Foreign Court Judgments on Maintenance and Alimony

Abstract

A judgment of a court in one country sometimes cannot be enforced in another country due to the nature of the judgment itself, for example a judgment granting a divorce, a judgment recognizing the parentage of a child, or a judgment granting the adoption of a child. However, to receive recognition, the foreign court judgment must be a judgment of a court which had jurisdiction to hear that case, and the case must be final. Thailand has no agreement on judicial co-operation for the recognition or enforcement of judgments with any other country. The general principles of private international law on the recognition and enforcement of foreign court judgments result in four forms of practice. The key question thus arises which of these the Thai courts should apply. This article aims to provide an in-depth discussion of the recognition and enforcement of foreign court judgments regarding maintenance or alimony in this regard.