Decision 3810/2552 (2009): Thai Order Enforceable Against an Overseas Father
The child lived in Thailand with the mother; the father, an Australian national, had returned overseas and refused to pay support. The Supreme Court held that Thai courts retain jurisdiction because the child’s habitual residence is in Thailand and the cause of action (failure to maintain under section 1564 civil code ) arose here. Substituted service at the father’s last known Thai address was deemed sufficient, allowing a default judgment for monthly maintenance plus arrears. The Court further authorised seizure of the father’s condominium and bank deposits located in Thailand to satisfy the judgment and noted that the order could be recognised abroad under comity principles.
Practical impact
- Thai courts can proceed in absentia if the foreign parent is properly served.
- Local assets (real estate, bank accounts) are fair game for enforcement even when the payor resides abroad.
- The judgment is exportable: once recognised in a common-law jurisdiction, it functions like a domestic order for garnishment or contempt.