Deprivation of Parental Responsibility in Case of Improper Child-Rearing Under Child Protection Act B.E. 2546 (2003)

Abstract

This research article examines the interpretation and enforcement of laws governing the deprivation of parental responsibility in cases of  “improper child-rearing” under the Child Protection Act B.E. 2546 (2003), and analyzes their relationship with the grounds for deprivation of parental responsibility under Section 1582 of the Civil and Commercial Code.  The study employs documentary research methodology through the analysis  of statutory provisions, judicial precedents, and relevant legal doctrines  and academic literature.

The findings reveal that the concept of “improper child-rearing”   is broad in scope and encompasses circumstances that may jeopardize   a child's welfare. However, there remains no clear legal mechanisms linking  this concept to Section 1582, resulting in inadequate protection of   children’s rights. Furthermore, judicial precedents have not clearly established whether negligent or careless child-rearing constitutes an abuse of parental responsibility sufficient to justify its deprivation.  

The researcher proposes that improper child-rearing should be classified into two levels: non-serious and serious. In addition, the relevant legal provisions should be amended to establish a clearer connection with Section 1582. Cases involving serious improper child-rearing that materially contravene the principle of the best interests of the child should be expressly recognized as grounds for the deprivation of parental responsibility.