In today’s world where love knows no borders, cross-cultural marriages have become increasingly common in Thai society. But when love falls apart, one pressing question remains: “Who gets custody of the child?” This issue becomes particularly complex when a Thai and Chinese couple, who have a child together, separate—often while living in different countries. Whose laws apply? Which country has the authority to decide?

There was a recent case involving a Thai woman who was subjected to domestic abuse by her Chinese husband and eventually managed to escape. In one of the cases she had previously assisted, a Thai woman married a Chinese man and had one child with him. They lived together in China. However, because the child was a girl, she was beaten and abused—allegedly due to the husband’s family wanting a male heir.

Now that the child remains with the father in China, the mother is left to grapple with a painful and complicated question:
“How much legal right does she still have over her own child?”

What Does Thai Law say about child custody ?

Under Thai family law, if the parents divorce and there is no mutual agreement on child custody, the court will decide based on “the best interests of the child.” In most cases, the mother is likely to be granted custody—unless there is evidence of unfit behavior, such as abandonment or inability to care for the child.

However, if the child resides in another country, exercising custody rights under Thai law becomes much more difficult. It typically requires proceedings through international legal channels, which can be both time-consuming and expensive.

Child custody after divorce (referred to as “parental power”) is governed under the Thai Civil and Commercial Code, Sections 1520–1565, which clearly state that:

📌 If there is no agreement between the parents, the court will decide.

The main criterion used by Thai courts is the “best interests of the child.”

Decisions are not made automatically based on whether the parent is the mother or father. Instead, the court will assess factors such as:

• Who has been the child’s primary caregiver
  
• Who can provide a stable, safe, and supportive environment for the child’s development
  
• The emotional bond between the child and each parent
  
• The conduct of each parent (e.g., history of abuse, drug use, or abandonment)

📌 In the end, Thai law provides a legal framework, but the court retains broad discretion to decide based on the specific circumstances of each case. In serious or complex matters, the court will take full control of the decision-making process.

The strictness of Chinese court rulings

China also has laws governing family matters, outlined in the Civil Code (民法典 – Min Fa Dian), which underwent a major revision in 2021. The law contains clear provisions under the section titled “Marriage and Family.”

🔍 Key Legal Principles in China:

Chinese courts primarily follow the principle that a child should be placed in the most suitable environment for their well-being.

• For children under the age of 2, custody is typically awarded to the mother by default, unless there are exceptional circumstances.
  
• For children aged 7 and above, the court will consider the child’s own preferences in determining custody.

When making a decision, the court takes into account factors such as:

• The income of each parent
  
• Stability of living conditions and economic capability
  
• The emotional bond between the child and each parent
  
• The environment where the child will live (health, safety, quality of life, etc.)
  
• Past behavior of each parent, including any history of abuse or misconduct toward the child or family

📌 While Chinese law provides clear general guidelines, the court still has discretion—much like in Thailand—and will decide based on the specific circumstances and evidence presented in each case.

What Should Be Done in Cross-Border Custody Cases?

When a child is in a foreign country, regardless of which parent is involved, seeking custody through a Thai court cannot be directly enforced in another country. Instead, international legal mechanisms must be used, such as the Hague Convention on the Civil Aspects of International Child Abduction. However, since China is not a party to this Convention, the process becomes significantly more complicated.

In cases involving physical abuse, there are clear signs that the child may be in an unsafe environment—possibly from the father or mother. If it can be proven that one party has exhibited violent behavior, this becomes a strong point in favor of the other party gaining custody.

• Hiring a lawyer who specializes in family law or international legal matters
• Filing a custody petition in the local court (in this case, China), supported by relevant documents and evidence from Thailand
• Engaging with the Thai Embassy in China and the Ministry of Foreign Affairs for diplomatic assistance

This is not merely a personal family issue—it highlights a broader legal and humanitarian challenge in cross-cultural marriages. These situations don’t end with a relationship breaking down; they affect the rights and future of a child, who may be silently asking:
“Who will love and care for me unconditionally ? ”

In such cases, legal proceedings must involve both countries, since they fall under different jurisdictions. This makes cross-border litigation complex and time-consuming, as each country has different laws, procedures, and limitations that cannot be bypassed at will.

Consult A Family Lawyer For Child custody Rights !

At Wongsakorn Law Office, our experienced legal team—specializing in family and international law—is equipped to assist clients navigating complex custody disputes across borders. Here’s how our services can support you:

👉 Initial Legal Support from Our Attorneys:

✅ Provide preliminary consultations on child custody rights under Thai and international law
✅ Assess the legal feasibility of filing custody cases in Thailand and abroad
✅ Coordinate with government agencies in both Thailand and China
✅ Prepare and translate legal documents according to international legal standards
✅ Offer emotional support and practical guidance to affected parents throughout the process

👉 Legal Representation in Litigation Proceedings:

✅ Evaluate the possibility of initiating legal action in foreign courts
✅ Coordinate with the Ministry of Foreign Affairs and the Thai Embassy to assist with visitation or contact with the child
✅ File petitions in foreign jurisdictions where direct custody transfer is not yet possible
✅ Submit supporting evidence—including police reports, medical documentation, or statements from the Thai Embassy—to strengthen your case
✅ Seek assistance from human rights organizations or international bodies to highlight concerns about the child’s safety and wellbeing

In cross-border custody battles, even a biological mother with full legal rights may face significant challenges if the case occurs outside of Thailand. The legal process becomes extremely complex and must follow the judicial systems of more than one country.

This is why consulting a qualified lawyer from the very beginning is the most effective way to secure justice and navigate the legal landscape properly.

At Wongsakorn Law Office, we have extensive experience in family law cases—both domestic and international. Our legal team and case assistants are well-versed in handling various types of custody disputes, including sensitive cross-border situations.

If you or someone you know is facing a similar legal issue, please do not hesitate to reach out. We offer professional guidance, full confidentiality, and committed representation to help you achieve the best possible outcome.  Contact us today to discuss your case.  

Reference :  ประมวลกฎหมายแพ่งและพาณิชย์ มาตรา 1501 – 1535

Written by : Wararat Wongpothisarn (Internship Student in Chinese Language)

The robbery case committed by a group of Chinese nationals in the heart of Bangkok is not just an ordinary crime, but a reflection of a larger picture—an organized international operation. These foreign syndicates enter Thailand with well-planned intentions to commit crimes and then quickly flee the country before being apprehended. Most recently, police successfully arrested one of the suspects in Chonburi province while he was secretly gambling with a group of other Chinese nationals inside a restaurant.

This incident not only alarmed foreign tourists but also highlighted significant security vulnerabilities and the urgent need for a legal system capable of tackling transnational crime more effectively.

The event occurred on September 22, 2023, at approximately 8:40 p.m., when six Chinese men, armed with guns and knives, stormed into the residence of three fellow Chinese nationals living in the Huai Khwang area of Bangkok. They threatened the victims before stealing valuables worth over 3 million baht. The stolen items included:

• A white gold diamond ring (BVLGARI)
• A white gold diamond bracelet (CARTIER)
• Three black CHANEL handbags
• A black RIMOWA suitcase
• Two iPhone 14 Pro smartphones

Following the incident, authorities launched an urgent investigation and issued arrest warrants for all six suspects. It was later discovered that some of them had already fled the country. However, one suspect—Mr. Liu Jian, 34 years old—was apprehended at a Chinese restaurant in Bo Win Subdistrict, Si Racha District, Chonburi Province.

At the time of his arrest, Liu was found illegally gambling on mahjong with six other Chinese nationals. Officers proceeded to arrest all individuals involved. Liu was sent to Huai Khwang Police Station under the existing warrant, while the other six were handed over to Bo Win Police Station for prosecution related to illegal gambling.

Transnational Crime — A Hidden Threat

According to Police Major General Teeradej Thammasuthee, investigators discovered that this group of suspects entered Thailand with the specific intent to commit the crime. Their operation was carefully planned, targeting wealthy fellow Chinese nationals known to possess high-value assets. After executing the robbery, the suspects quickly dispersed and attempted to flee the country.

This type of operation falls under “Transnational Organized Crime,” a serious offense due to its premeditated nature, clear division of roles, and the existence of international networks.

Thai law clearly states that when an offense is transnational in nature or involves perpetrators across multiple countries, cooperation with Interpol is required. This includes pursuing international legal action such as extradition and the issuance of “Red Notices” for the apprehension of suspects abroad.

According to Section 339 of the Thai Penal Code:

“Any person who commits robbery in collaboration with three or more persons, or who carries a weapon during the commission of the offense, shall be liable to imprisonment for a term of 10 to 20 years, a fine of 20,000 to 40,000 baht, or life imprisonment.”

If the robbery involves physical assault or occurs during nighttime, the penalty may be increased. Additionally, any stolen assets are subject to seizure for restitution to the victim.

Role of Government Agencies and Immigration Control

After such incidents, government agencies like the Immigration Bureau (IB) have increased their surveillance on the entry and exit of foreign nationals. This is particularly true for individuals whose activities do not align with the purpose they stated upon entry. For instance, those who enter as tourists but later engage in activities such as settling down, opening bank accounts, renting long-term condos, or showing suspicious financial transactions.

According to the Immigration Act B.E. 2522 (1979), authorities are empowered to revoke visas or deport individuals if it is determined that they pose a “threat to public order or good morals.” Additionally, there are mechanisms in place for cooperation with the Ministry of Foreign Affairs to share information with the embassies of the respective home countries.

Increasing Trends: Beyond Theft and Fraud, there has been a rising trend of certain groups infiltrating the country by posing as “businesspeople.” They may open restaurants, massage parlors, or tourism-related businesses to conceal their true intentions of money laundering or use these establishments as sources for gathering intelligence on potential targets.

In many cases, these groups have been able to establish internal networks quickly. They might have connections with local police or even have interpreters on hand, which can obstruct or delay legal proceedings due to the complexities of language and culture. This has made the “role of lawyers” a crucial bridge in understanding the intersection between Thai law and foreign nationals.

Such cases clearly illustrate that the modern world is not only home to street criminals but also to “suit-wearing criminals” and “transnational gangs” with advanced technology and complex plans. Both victims and suspects need a “voice” that understands both the language and the law equally.

A lawyer specializing in international law, especially one who can communicate in multiple languages and understands international investigation processes, plays a crucial role in assisting with cases like this. This includes litigation, protecting rights, and coordinating with government agencies.

Therefore, whether you are Thai or a foreigner, you can contact us if you need a lawyer who specializes in and understands the cross-border aspects of law. It is not just a convenience, but a necessity that will help you “survive” any misunderstandings or biases that may arise in the justice process.

 Reference:   https://www.ch7.com/sports/674459

Written by : Kannikar Charoenweerawong (Internship Student in Chinese Language)

In today’s era, where anyone can easily import products from China and sell them online via popular platforms such as Shopee, Lazada, TikTok Shop, or Facebook Marketplace, many consumers have unknowingly become victims of non-standard products.

These low-cost products often come without safety certifications, lack proper customs documentation, and in many cases are not authorized by relevant government agencies such as the Thai Industrial Standards Institute (TISI) or the Food and Drug Administration (FDA) for food, cosmetics, or body-related products. Furthermore, many of these products do not have proper import documents or paid customs taxes as required by law. So when a consumer experiences harm from using the product—such as electrical short circuits, fire, injury, or property damage—they often receive no compensation. Some sellers even deny responsibility, claiming the products were manufactured abroad or that they’re “just a middleman.”

But Thai consumers have full rights to hold the seller accountable.
Today, Wongsakorn Law Office will share ways to legally protect yourself against irresponsible sellers.

How Can You Tell If the Product You Bought Is Non-standard?

Most consumers make decisions based on price, reviews, or personal preference, often overlooking safety and quality—leading to financial loss or even danger to life.

Together with our legal team and consumer law specialists, here are easy ways to check and protect yourself before it’s too late:

✅ 1. No Certification Mark (TISI or FDA)

• Electrical appliances or household items must have the TISI logo.
  
• Food, drugs, cosmetics must have FDA approval number.
  If there’s none, the product is non-compliant by law.
  

✅ 2. No Thai-language Label

• As per the Consumer Protection Committee, all products sold in Thailand must have clear Thai labels showing instructions, ingredients, warnings, etc.
  
• If the label is only in Chinese or English, and lacks Thai = illegal and likely substandard.

✅ 3. Unusually Low Price / No Clear Source

• If the product is significantly cheaper than market price, it may be a defective batch or substandard.
  
• If the seller cannot provide the importer’s name or source, that’s a big red flag.

✅ 4. No Warranty / No Seller Contact Info

• Standard goods often include a warranty or at least customer service contact.
  
• Buying from nameless pages or shops without return policies = high risk.

✅ 5. Suspicious Packaging

• Check for signs like tampered boxes, dents, blurry printing.
  

Fake or counterfeit products usually use cheap packaging to cut costs.

 If There’s No TISI or FDA Approval – You Can Sue!

If the product you purchased lacks TISI or FDA certification and causes damage like injury, fire, or property loss—you can sue the seller under:

• The Consumer Protection Act B.E. 2522
  
• Civil and Commercial Code
  

Even if the item was imported from China, if sold in Thailand, the Thai seller is fully liable.
If the seller is foreign, then you can review import documents and pursue legal action under Thai law.

Key Situations Where You Can Take Legal Action:

1. Non-standard product causes injury or accident

E.g. Air fryer, charger, or electronic device without TISI mark catches fire or causes electric shock.
→ You can file a civil lawsuit and notify government agencies to inspect the product.

2. You weren’t informed clearly about the product

If the seller did not state the product lacks TISI/FDA approval, or didn’t have the required licenses
→ This is considered false advertising or concealment of information under the law.
→ File a complaint with the Office of the Consumer Protection Board (OCPB).

3. Thai sellers are responsible, even for Chinese imports

As per Section 41 of the Consumer Protection Act B.E. 2522, sellers are liable for any damage caused by products they sell, even if they didn’t manufacture them.
→ Acting only as an importer or reseller does not exempt them from legal liability.

 Related Laws:

• Consumer Protection Act B.E. 2522
  
• Customs Act B.E. 2560 – to check if import taxes were properly paid
  
• Civil and Commercial Code Section 420 – Liability from wrongdoing (tort)
  

Industrial Product Standards Act B.E. 2511 – For TISI certification

How Consumers Can Protect Themselves:

• Keep evidence of your online purchases (product photos, receipts, chat logs).
  
• If there’s an issue, contact the seller immediately and record all communications.
  
• If the seller refuses to cooperate, consult a lawyer or contact OCPB.
  

In severe cases (e.g. fire, injury), you can file a police report and sue for compensation.

Consulting a Lawyer from Wongsakorn Law Office = Safer

Lawyer Arm, a consumer protection expert, stated “Consumers have the legal right to sue and claim compensation from sellers who cause them harm. You shouldn’t be afraid or think you’re fighting alone. The law is made to protect consumers just like you.”

If you’re a consumer affected by low-quality imported products from China or other countries, don’t wait for the issue to disappear. Consult a lawyer first to get the right legal advice. Lawyers can help you file complaints with OCPB or file a civil lawsuit for damages and fair treatment.

At Wongsakorn Law Office, we have expertise and long-standing experience in handling such consumer cases. Our team of lawyers and legal assistants are specialists in various consumer claims, and have delivered satisfying outcomes for many clients. Contact Wongsakorn Law Office Today – We’ll help protect your rights.

👉 To ensure you get the justice you deserve >> Contact Us <<

Reference :   https://www.mmthailand.com/cheap_china_product_threat/ 

Written by : Wararat Wongpothisarn (Internship Student in Chinese Language)

Being “called out” on social media, especially on Platform X (formerly Twitter), is a common issue in today’s digital age, where online communities play a significant role in daily life. Having your account publicly exposed for mass criticism—often referred to as “called out” (being hung)—can lead to serious consequences, including reputational damage, harassment, or even career impacts. If you become a target of such an attack, it is crucial to know how to respond appropriately and use legal measures to protect your rights.

What to Do If Your Social Media Account Is “Called Out” and Attacked?

If you find that your account has been publicly exposed in a way that causes harm, here’s what you should do:

1. Gather Evidence Immediately

• Take screenshots of posts calling out your account, as well as comments that may be defamatory or threatening.
• If there are shares or replies containing false accusations, collect all related evidence.
• Save URLs or use web archiving tools to preserve information that might be deleted later.

2. Adjust Your Account Privacy Settings

• If you are facing severe harassment, setting your account to private or temporarily deactivating it may help reduce further attacks.

3. Avoid Emotional Responses

• Do not respond with aggressive or emotional comments, as this may escalate the situation or even lead to legal consequences against you.

4. Report the Problematic Posts

• Use the report feature on Platform X to notify the system and request the removal of posts that violate platform policies.

5. Consult a Lawyer for Legal Action

• If the call-out causes serious damage, such as threats, harassment, or the exposure of your personal information (doxxing), you may need to take legal action to protect your rights.

How to Prepare When Filing a Police Report ?

If you need to file a police report regarding being “called out” on social media, you should prepare the following documents and evidence:

1. Relevant Evidence

• Screenshots of posts that called out your account.
• Comments that contain defamation or threats.
• Details of the account that posted defamatory content.
• Proof of damages, such as threatening messages received or negative impacts on your career.

2. Identification Documents

• National ID card or passport to verify your identity as the victim.

3. Case-Related Documents

• If the call-out has affected your job or business, bring any relevant documents to support your case.

4. File the Report at the Appropriate Police Station

• You can report the case at the local police station in the area where the incident occurred or at the Cyber Crime Investigation Bureau for legal proceedings.

Is a Lawyer Necessary? How Can a Lawyer Help?

Many people wonder whether hiring a lawyer is necessary when being “called out” on Platform X and suffering damages. The answer depends on the severity of the impact. If the attack is temporary and does not have long-term consequences, legal action may not be necessary. However, if the incident involves serious defamation or significantly affects your reputation and career, you should consult a lawyer to assess the possibility of taking legal action.

How Can a Lawyer Help?

• Provide legal advice on whether your case constitutes an offense and what actions you should take.
• Negotiate a settlement if the issue can be resolved without legal proceedings.
• Initiate legal action if the actions of the person who “called you out” and those who participated in the attack violate the law, such as:
• Defamation under the Criminal Code, Sections 326-328.
• Importing false information into a computer system under the Computer-Related Crime Act, Section 14(1).
• Claim civil damages if the incident has harmed your reputation or career.

Example of a Past Case Study

Case Study: Victim Called Out on Platform X and Severely Harassed

A client of Wongsakorn Law Office had their Platform X account called out, after a user shared their post along with misleading information. This led to a large number of people attacking and accusing them without accurate facts.

Consequences

• The victim received threats and harassment from unknown individuals.
• Their personal information was shared (doxxing), putting their safety at risk.
• They were summoned for an internal investigation by their employer and faced the risk of being terminated from their job.

Legal Actions

• The lawyer gathered evidence and filed a police report for defamation and importing false information into a computer system.
• A civil lawsuit for damages was filed against the perpetrators.
• In the end, the court ordered the offenders to delete all posts and pay compensation to the victim.

Protect Your Rights – Don’t Let Online Call-Outs Ruin Your Life

Being called out on Platform X is not a minor issue—it can cause serious harm to your reputation and personal life. If you become a victim of online shaming, you should gather evidence, file a police report, and if necessary, consult a lawyer to take proper legal action.At Wongsakorn Law Office, we are ready to provide legal advice and representation in all cases. If you are facing an online called-out , don’t wait—contact us  for expert legal consultation!