Family, Cross-Border Custody & Children's Rights

Not always. If both spouses agree, they may divorce by mutual consent without court mediation, but the agreement must be in writing, signed by at least two witnesses, and registered with the household registration authority. If one spouse seeks a judicial divorce, court mediation is generally required first. A divorce complaint may be filed immediately, but it will ordinarily be treated by law as a mediation application; service by public notice or abroad is an exception. If mediation fails, adjudication follows with procedural effect preserved from the original filing. Related property, support and custody issues may be handled together, but arrangements affecting a minor must protect the child's interests. A mediated divorce requires both spouses' personal consent and, once recorded, has the same effect as a final decision. Urgent protection need not await mediation: a domestic-violence protection order may be sought separately; temporary measures may be requested once a custody, support or other family non-contentious case is pending; and provisional attachment or injunction may preserve assets.

Act immediately. If the child is still in Taiwan and removal is imminent, a provisional order may be sought—together with a parental-responsibility, child-delivery or other parent-child non-contentious case—to prohibit a party or specified person from taking the child abroad; in an emergency, apply where the child is located. If the child is already abroad, counsel should assess Taiwan jurisdiction and possible delivery, parental-responsibility or contact orders, while qualified local counsel pursues the remedy available there, including return, custody, contact, or recognition and enforcement of a Taiwan order. If the child was habitually resident in Taiwan, the 1980 Hague Child Abduction Convention provides no Taiwan Central Authority fast-return process because Taiwan is not a Contracting Party. The route depends on habitual residence, whether removal or retention breached custody rights, existing orders and local law. Taiwan overseas missions may provide local-lawyer contacts but cannot intervene in foreign courts. Preserve passports and travel records, custody or contact orders, consent or objection messages, and evidence of the child's location.

This assumes Taiwan's statutory matrimonial property regime; a marital property agreement may produce a different result. When the regime ends, each spouse's existing property acquired during marriage is reduced by debts incurred during marriage. The spouse with less may generally claim half the difference between the remainders. Premarital property is generally excluded, although fruits produced during marriage are marital property; inheritances, other gratuitous acquisitions and compensation for non-pecuniary harm are also excluded. If one spouse did not contribute or cooperate in married life, or other circumstances make equal division unfair, the court may adjust or eliminate the share after considering housework, childcare, family contributions, periods together and apart, timing of acquisition and economic capacity. The claim must be exercised within two years after learning of the difference and, in all events, within five years after the regime ends. Suspected dissipation calls for prompt advice on setting aside transfers, adding disposed assets back, changing to separation of property or seeking provisional attachment.

If you are in immediate danger, call 110 or 113 and move to safety. A victim may file a written petition for an ordinary or temporary order with the court for the victim's residence, the respondent's residence or the place of abuse; no lawyer is required for the initial application. For a minor, a person with a disability or someone unable to appoint an agent, a legal representative or a relative within the third degree may also apply. Depending on the case, prepare the petition, household-registration transcripts, medical or injury certificates, photographs, recordings with transcripts, video, messages, police records, witness details, and any lease, title or registration documents relevant to the requested relief. An emergency order may be sought only by a prosecutor, the police or a local competent authority, so contact police or the domestic-violence prevention centre. These protection-order proceedings are exempt from court fees, but copying, expert and witness expenses may remain. An order may require move-out or stay-away measures; prohibit violence, harassment, contact, stalking or unnecessary communication; and temporarily allocate parental rights and duties or require delivery of a child.