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Rights and Duties Between Parent and Child

Nowadays, family unit has a revolution from big family to small family. It consists of a father, mother and child. The law becomes a role to set the foundation of family relationship for matching with the progress of society , the right and duty between father and mother to match as well.

Law is forced that a person who has a Thai nationality needed to have the first name and last name so that the legal child has the right first name and last name of father without permission from father. However, the child who was born when his father and mother did not get married. The child only has the right to use the first name and last name of mother only. At the same time , for the right to hold nationality , the child who was born from Thai father and mother can get Thai nationality. Father follows the blood even though he did not register the marriage certificate with mother. Nevertheless, the child will get many authorized rights as being mentioned above. Moreover, the law forbids to use some authorized right because it is the conflict with Thai morals or tradition, for example, the child cannot sue parents as the civil and criminal case because they are benefactors. Suing parents is the Autalum case, but this prohibition does not use with every case. It restricts only the child suing parents in private. It can consider as parents dispute with the child.

Besides the right or prohibition above,  law specifies the duty between child and father. They have to take care of each other. We can see that when child is minor , the father and mother take care of child about eating and education. When the father and mother get older , child has to take care of them. If child does not take care of them, the law specifies the criminal law. Father and mother have the right to request for supporting money from child. And on the other hand , if father and mother did not take care of child according to the law even if child cannot sue to get supporting money from father and mother by himself or herself because it is the Atalum case. However, child can beg a prosecutor to be his prosecutor to sue getting the supporting money. Right and duty between father and mother between father, mother and child do not limit only this. Next article we will talk about using the parental power of father and mother to child.

The parental power is power which takes care of child grown up. Anyone is not father and mother having no right to use this power because father and mother have responsibility to use this power for family.

Traditionally a child who is minor needs to be in the administration of father and mother, except sometimes the power of governing will be with father and mother. If it follows law specified ,for example, when father and mother died ,the parental power would be with father or mother or both father and mother. A person who uses the power to govern will make a lot of rights. The one that controls and takes care of child for benefit which child should get when he or she grows up in the future, for examples specified address of child reproves and teaches to let child do the job. At the same time , the father and mother use the parental power law specifies to a person who uses the parental power being the rightful representative to do anything instead of the child. This includes paying debt and performing a legal act instead of the child. Even if the child does not consent, but that action needs to specify clearly that he or she does instead of the child and does not do in private.

Besides the right of specified address or teaching the , child uses the power to govern. The father and mother still have right to manage property of child. They need to be careful like the reasonable man doing. Some important property is managed , and that affects the right of child a lot. Law is specified that father and mother ask for permission from the court before doing the juristic act. However, although law gives right to father and mother using custody of children I,  using power of father and mother is inappropriate. It will make damage to the benefit of child. Court may have order to withdraw the custody of children some parts or all. When the court has ordered to withdraw the custody of children , it does not affect to duty to support of father and mother. They still have to take care of minor and educate him or her.


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