Integrity Legal

Posts Tagged ‘recognition of foreign judgments’

27th December 2016

In an interesting recent turn of events, it appears that a court in the USA has recognized a Thai judgment pertaining to child support obligations of a man who apparently fathered triplets in the Kingdom of Thailand. To provide further insight it is necessary to quote directly from the website of the Chicago Law Bulletin:

A man who fathered triplets through assisted conception methods in Thailand must financially support them from the U.S. after a Cook County judge properly recognized the foreign court’s parentage judgment, a state appeals panel ruled…The father — identified as [NAME REDACTED]. in the panel’s unpublished order — argued the absence of a legal marriage between him and the children’s mother — identified as [NAME REDACTED]. — makes him nothing more than a sperm donor who is entitled to protection from such judgments through the state’s Parentage Act. But the 1st District Appellate Court affirmed Cook County Circuit Judge Jeanne R. Cleveland Bernstein’s order to enroll the foreign judgment, finding it is not contrary to Illinois public policy and he had a full opportunity to defend his case in Thailand.

Readers of this blog are strongly encouraged to click on the link above to read the article in full as this is something of an anomaly in Thai-American legal discourse. As Thailand and the USA are not bound legally by more than the US-Thai Treaty of Amity there is not a framework for any sort of automatic reciprocal recognition of court judgments in either country. Therefore, a judgment made in one country with respect to parentage, custody, or support of a child (or virtually any matter) will not necessarily be deemed enforceable by courts in the other country. What makes this case notable (and there are many aspects of this case which are very interesting hence the reason the reader is encouraged to read the full article) is due to the fact that the trial court in the USA found the Thai judgment to be reasonable and therefore recognized said judgment by determining it had comity and thereafter enrolling the terms of the judgment as a judgment of the Illinois Court. Moreover, the appellate court seems to have agreed with the determination of the trial court and found that the extension of comity and the enrolling of the foreign judgment as a judgment of the Illinois Courts was proper and upheld the lower court’s decision.

It was noteworthy that the court cited the fact that the American in question had an opportunity to defend his case in the Thai system and that such opportunity (along with other factors) resulted in the court finding that the foreign judgment was not contrary to State policy.

Even within the USA, interstate family law matters can be complex, but in an international context such matters can be vexing to a degree that borders upon indiscernible. Therefore, the aforementioned case should be analyzed especially in our increasingly interconnected world as this case may be a sign of things to come.

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