Mediation plays an important role in resolving family disputes in Thailand. Under the Juvenile and Family Court and Juvenile and Family Case Procedure Act B.E. 2553 (2010) (the “Act”), the court is required to promote settlement and reconciliation in family cases, with particular consideration given to maintaining peace and family relationships. In the last years our team of lawyers specialized in Family Law at Herrera and Partners H&P, have assisted many foreign private clients in cases related to divorce and custody of minors in Thailand. Based on the experience gained by our Thai lawyers at H&P, we have prepared a summary of the mediation process in family law cases in Thailand.
According to Section 146 of the Act, regardless of the stage of the proceedings, the Juvenile and Family Court shall endeavor to facilitate an agreement or settlement between the parties, taking into consideration the peace and continued relationship of the family. This principle reflects the specific nature of family disputes, in which a judicial determination may not always resolve the parties’ underlying family relationship.
For a contested family case, Section 148 requires the court, before commencing the trial, to appoint a family case conciliator to mediate between the parties. The court may also involve parents, guardians, relatives, lawyers, social workers, psychologists, or other appropriate persons or organizations in the mediation process. The purpose is to provide the parties with an opportunity to reach a mutually acceptable resolution before the dispute proceeds to full trial.
If mediation is successful, the conciliator shall arrange for the parties to enter into a settlement agreement and report the result to the court. The court may render judgment in accordance with the settlement provided that the agreement does not violate the law, public order, or good morals. Where the settlement concerns parental power or the maintenance of the child (the minor), the court may impose appropriate conditions to ensure compliance with the agreement before rendering judgment.
Importantly, where a minor is involved, the best interests of the child (the minor) must be taken into consideration. The parties cannot use a settlement to dispose of a child-related issue solely according to their own interests if the agreed arrangement would prejudice the child. The court therefore retains an important supervisory role even where both parties have reached an agreement.
In our experience at Herrera and Partners, family cases brought before the Juvenile and Family Court commonly involve claims concerning spousal and child maintenance, as well as disputes concerning parental power.
In maintenance claims, the parties may disagree not only on the amount of maintenance but also on the appropriate allocation of expenses for the child, including education, healthcare, accommodation, and other necessary expenses. Mediation may assist the parties in establishing a practical arrangement concerning the amount and manner of payment, taking into account the circumstances and financial capacity of the parties.
Parental power disputes are often more contentious. One spouse may seek an order removing or restricting the other spouse’s parental power on the ground that the other parent is an inappropriate person to exercise such power. Allegations may include physical or psychological abuse of the child, neglect or failure to properly care for the child, exposing the child to inappropriate circumstances, or other conduct that may adversely affect the child’s welfare. The opposing spouse may, in turn, file a counterclaim seeking a similar order against the other parent, often relying on allegations of comparable conduct.
In these circumstances, mediation may address practical issues such as where the child should reside, arrangements for contact between the child and each parent, responsibility for the child’s expenses, education and healthcare, and the exercise of parental responsibilities. However, where allegations of abuse, serious neglect, or other conduct affecting the safety or welfare of the child are raised, the court must consider the evidence and the child’s best interests rather than treating the parties’ agreement as determinative.
The Act also requires family case conciliators to perform their duties honestly and impartially and to maintain confidentiality in respect of information obtained during the mediation process. Mediation therefore provides the parties with an opportunity to resolve disputes concerning financial support and parental arrangements without requiring every issue to be determined through a full trial, while allowing the court to ensure that any settlement complies with applicable law and adequately protects the interests of any child involved.
Accordingly, mediation in Thai family law is not merely an alternative to litigation. It forms an integral part of the family justice process, in which the court seeks to facilitate settlement while ensuring that the resulting agreement is lawful and, particularly where children are concerned, consistent with their best interests.
If you need a legal consultation via meeting at our Bangkok Law office or via videocall with a lawyer in Thailand specialized in family law, please send us an email at info@herrera-partners.com
