This Act is enacted for the purposes of ensuring proper, expeditious and integrated handling of family matters, so as to maintain human dignity, protect gender equality, seek the best interest of the minor child, and protect healthy family life in contemporary societies.

Matters provided in this Act shall be governed by the juvenile and family court. In districts where a juvenile and family court is yet to be set up, matters provided in this Act shall be governed by the Family Tribunal of the incumbent district courts.

The following matters belong to Category A:
1. matters concerning the determination of invalidity of marriage, or the existence or non-existence of marriage relation;
2. matters concerning the determination of the biological father of a child born after the remarriage of the mother;
3. matters concerning the determination of the existence or non-existence of a parent-child relation;
4. matters concerning the determination of the existence or non-existence of an adoptive relation.
The following matters belong to Category B:
1. matters concerning the annulment of marriage;
2. matters concerning divorce;
3. matters concerning the disavowal of paternity, or the acknowledgement of a child by the natural father;
4. matters concerning the annulment of adoption of a child or annulment of the termination of adoption of a child.
The following matters belong to Category C:
1. matters concerning claims for damages or for returning gifts that are presented for betrothal, arising from invalidity, annulment, withdrawal or violation of an agreement to marry;
2. matters concerning claims for damages arising from invalidity of marriage, annulment of marriage, divorce, or dissolution of marriage;
3. matters concerning claims in respect of compensation, allocation, division, retrieval or return of matrimonial property, as well as other claims arising from matters in respect of matrimonial property;
4. matters concerning payment of an equitable sum of money arising from the termination of an adoptive relation by a court judgment;
5. matters concerning claims for damages arising from the exercise of guardianship;
6. matters concerning claims arising from the restitution of inheritance, partition of inheritance, compulsory portions, legacy, verifying the authenticity of a will, or other claims arising from matters in respect of succession.
The following matters belong to Category D:
1. matters concerning the declaration of death by the court;
2. matters concerning the annulment of a declaration death by the court;
3. matters concerning the management of the property of an absent person;
4. matters concerning the declaration of commencement of guardianship or of commencement of assistance by a court order;
5. matters concerning the annulment of guardianship or of commencement of assistance by a court order;
6. matters concerning the designation of a guardian or of a special agent;
7. matters concerning the approval of an adoption or termination of an adoption by a court, or approval of terminating an adoption by a court;
8. matters concerning the family council;
9. matters concerning the waiver of the right to inheritance, cases where no heir acknowledges the inheritance, or other matters arising from matters in respect of succession;
10. matters concerning the designation of an executor of a will;
11. matters concerning the protective placement of a child, a juvenile or a person with disabilities;
12. matters concerning the suspension of emergency placement or compulsory hospitalization;
13. matters concerning the petition for a civil protection order.
The following matters belong to Category E:
1. matters concerning the payment of alimony arising from invalidity of marriage, annulment of a marriage, or from divorce;
2. matters concerning mutual obligation of cohabitation between husband and wife;
3. matters concerning the designation of the domicile for the husband and the wife by a court;
4. matters concerning mutual obligation between the husband and the wife to inform each other of the condition of his or her property acquired in marriage;
5. matters concerning the payment for living expenses of the household;
6. matters concerning the court order of the application of the separation of property regime for matrimonial property;
7. matters concerning changing of a child's surname;
8. matters concerning the designation of the party which exercises rights and assuming duties in respect of a minor child;
9. matters concerning handing over of a child;
10. matters concerning the declaration of suspension of parental rights or suspension of guardianship or the annulment of such a declaration;
11. matters concerning the reporting of the conditions of the property by a guardian or concerning a guardian's claim for remuneration;
12. matters concerning the manner of furnishing maintenance;
13. matters concerning the declaration of the termination of an adoptive relation.
Except as otherwise provided in the statutory law, other family matters that shall be handled by the court shall be governed by this Act.

Where a different view exists between that of a juvenile and family court with that expressed in a binding ruling by a court other than a juvenile and family court with regard to the former court’s jurisdiction over a case petitioned to it, upon agreement between the parties involved in the said case, the juvenile and family court shall have jurisdiction.
The agreement provided in the preceding paragraph shall be evidenced in a court record or in a written document.

Except as otherwise provided in this Act, rules on allocating the jurisdiction to hear the proceedings in the Act Governing Non-litigation Cases shall apply, mutatis mutandis, to jurisdiction over family matters; where the matter concerned is not provided in the Act Governing Non-litigation Cases, rules on allocating the jurisdiction to hear the proceedings in the Code of Civil Procedure shall apply, mutatis mutandis, to jurisdiction over family matters.

Where a court finds itself lacking jurisdiction over a family matter before it in whole or in part, unless parties otherwise agree upon the court's jurisdiction, the said court shall rule to transfer the case to the court with proper jurisdiction either upon motion by the parties or on its own initiative. However, in the case where the said court considers it necessary to consolidate the handling of the matters concerned or where the parties have already made pleadings regarding the merits of the case, the Court may rule to handle the case itself.
Where a court finds itself having jurisdiction over a family matter before it, it may, upon motion by the parties or on its own initiative, nonetheless rule to transfer the case to another court which already has a related family matter registered with it, as long as the said court considers it necessary to consolidate the handling of the matters concerned and the parties have agreed upon the jurisdiction of the court to which the case is transferred.
An interlocutory appeal may be taken from the ruling of transfer of jurisdiction provided in the preceding paragraph.
A ruling denying the motion for transfer of jurisdiction is not reviewable.
Once the ruling of transfer of jurisdiction becomes final and binding, the court to which the case is transferred may not, on ground of non-compliance of exclusive jurisdiction, re-transfer the jurisdiction to another court. The court clerk shall annex the authenticated copies of the ruling to the dossier and forward it to the court to which the case is transferred. The court to which the case is transferred shall handle the matter in question.

Except as otherwise provided in this Act or other statutory law, the division of jurisdiction between the juvenile and family court and the district court in the same district shall be decided by the Judicial Yuan.
The assignment of matters between the family tribunal and the civil tribunal of the same district court shall be decided by the Judicial Yuan.

Judges handling family matters shall be selected from those who are equipped with awareness of gender equality, respect for multiculturalism and relevant knowledge, experiences and eagerness.
The rules regarding the qualification, method of selection, tenure of office and other relevant matters of judges as provided in the preceding paragraph shall be made by the Judicial Yuan.

The procedures of handling family matters shall be conducted in a private court. However, in any of the following situations, the presiding judge or the judge shall allow a public hearing:
1. where the parties agree that a public hearing will pose no threat to the public policy or morals;
2. upon the filing of a motion by a third party who has legal interest;
3. otherwise provided in the statutory law.
In a circumstance where the presiding judge or the judge deems proper, the court may allow a party who will cause no disturbance to observe the proceedings.

In handling a family matter, when necessary, the court may take evidence on its own initiative, taking into consideration facts not presented by the parties. Nonetheless, the above does not prejudice the circumstances otherwise provided in the statutory law.
With regard to matters involving divorce, termination of an adoptive relation, partition of inheritance, or other matters subject to the parties’ own measures, Part II, Chapter I, Section 2 of the Code of Civil Procedure regarding agreement on simplifying the issues and Section 3 regarding rules of facts and evidences shall apply, mutatis mutandis, without prejudice to any of the following situations, to which the preceding paragraph shall apply:
1. matters involving domestic violence or posing a threat to the interest of a minor child;
2. matters posing a threat of infringing the personality of the parties concerned or that of the interested parties;
3. where an obvious discrepancy exists between the facts and what the parties acknowledged or agreed to be indisputable facts;
4. where, judging from other circumstances, there might results in manifest unfairness.
Under the circumstances provided in Paragraph 1 of this Article, the court shall give the parties and the interested parties an opportunity to make a pleading through an oral argument or a statement.

When a minor child or person who is subject to the order of the commencement of guardianship or assistantship expresses his or her will or makes a statement, the court, when necessary, shall notify the competent authorities in the municipal or county (city) governments to appoint social workers or other appropriate personnel to be present, who shall be granted opportunities to be heard.
Under the circumstances provided in the preceding paragraph, to protect the privacy and safety of the pleading parties and that of the accompanying officials, the court may take appropriate and necessary measures to provide a friendly environment for the proceedings, including conducting the proceedings in separate sessions for respective presenting parties.

Where there are apparatus to facilitate two-way transmission of audio and video signals between the places where the parties, witnesses or expert witnesses are and where the court is that enable direct handling of the case by the court, the court, upon request and when considers it necessary, may conduct the proceedings via such apparatus.
Under the circumstance provided in the preceding paragraph, the designated location for the proceeding recorded on the summons for the related parties shall be where the said apparatus are.
The court records and other documents provided in Paragraph 1 of this Article that have to be signed by the examinees shall be transmitted by the court to the place where the examinees concerned are. The content of the court records and documents in question, after being confirmed and signed by the examinees, shall be transmitted back to the court via telefax or other technological means.
Where the court handles the matter in accordance with Paragraph 1 of this Article, the provisions of Item 2, Item 3, Item 5-1 of Section 3 of Chapter I of Part III of the Code of Civil Procedure shall mutates mutandis apply.
Detailed regulations governing the handling of the matter provided in Paragraph 1 of this Article and the transmission of documents provided in Paragraph 3 of this Article shall be prescribed by the Judicial Yuan.

Except as otherwise provided, in handling family matters, the court may order the parties or their statutory agents to appear before the court in person; alternatively, depending on the nature of the cases, the court may conduct examinations or take statements from the said parties or their statutory agents by other appropriate measures.
Where the parties or their statutory agents fail to appear before the court without a justifiable reason, Article 303 of the Code of Civil Procedure shall, mutatis mutandis, apply. Notwithstanding the foregoing, no parties or their statutory agents shall be apprehended.
Where a fine had been imposed on persons in accordance with the preceding paragraph and the said persons still fail to appear before the court without a justifiable reason upon legally summoned, the court may pose consecutive fines upon the said persons.
A person against whom a ruling provided in the two preceding paragraphs is made may file an interlocutory appeal; the execution of such a ruling shall be suspended during the time when such an appeal is still pending.

A person who is capable of independently bearing obligations by conducting a juridical act has the capacity to represent oneself in the proceedings provided in this Act.
A minor child who is over seven years of age, except as otherwise provided in the statutory law, has the capacity to represent oneself in the proceedings provided in this Act with regard to matters concerning one’s identification and personal liberty.
A person who is not capable of independently bearing obligations by conducting a juridical act but who is nonetheless capable of proving that he or she has the capability to declare an intention, except as otherwise provided in the statutory law, has the capacity to represent oneself in the proceedings provided in this Act with regard to matters concerning his or hers identification or personal liberty.

In handling a family matter, the court may, upon motion filed by the interested parties or on its own initiative, designates a guardian ad litem in any of the following situations:
1. where there is likely to be a conflict of interest between the person who does not have the capacity to represent oneself in proceedings and the statutory agent of the said person;
2. where the statutory agent of the person who does not have the capacity to represent oneself in proceedings is not able to perform the authority of agency or has difficulties in performing such authority;
3. where the court considers it necessary to protect the interest of the person who does not have the capacity to represent oneself in proceedings.
In situations as provided in Paragraphs 2 and 3 of Article 14, the court may on its own initiative designate a guardian ad litem.
Subsequent to the designation of the guardian ad litem in accordance with the preceding two paragraphs of this Article, the court, when considers it necessary, may revoke or modify the designation concerned by a ruling at any time.
Prior to making a ruling with regard to those provided in the preceding three paragraphs of this Article, the court shall grant an opportunity to be heard to the parties, statutory agents, the person who has been designated or other interested parties who are known to the court to be carrying out their functions. The preceding does not apply to situations where such an opportunity to be heard is difficult to be realized, poses a threat to the health of the relevant parties, or causes a manifest likelihood to delaying the proceedings.

The court may select from those suitable persons equipped with awareness of gender equality, respect for multiculturalism and relevant knowledge in dealing with family matters who are recommended by the social welfare authorities, by employees of social welfare agencies, or by law societies, associations of social workers or other similar associations to be a guardian ad litem.
A guardian ad litem is granted the capacity, on behalf of and in the interest of the person under his or her guardianship, in performing every act with respect to court proceedings, as well as in independently filing an appeal, an interlocutory appeal, or otherwise raising an objection. Whereas an inconsistency exists between the acts of the guardian ad litem and the acts of the person who has the capacity to represent himself or herself in proceedings, the acts in question shall be those that are determined to be appropriate by the court.
The effects of the designation of a guardian ad litem are not limited to the particular court instance at which such a designation was made.
The court, upon the motion by a guardian ad litem, may make a ruling on the amount of his or her remuneration, taking into account the duty he or she has performed, the complexity of the matters, as well as all other relevant factors. The amount of the remuneration shall constitute part of the proceedings fees.
The court, when considers it necessary, may order the parties or the interested parties, within a designated period of time, to satisfy in advance the amount of remuneration provided in the preceding paragraph. Nonetheless, when an advanced satisfaction of the remuneration is manifestly difficult to be met, the national treasury may disburse all or a part of the amount of remuneration. With regard to remuneration to a guardian ad litem designated on the court’s own initiative, the remuneration due may also be disbursed in advance by the national treasury.
Detailed regulations governing the selection and designation of a guardian ad litem, the assessment of the amount of remuneration due, the satisfaction of the remuneration, as well as its advanced disbursement by the national treasury, shall be prescribed by the Judicial Yuan.

For the purpose of ascertaining the financial situations which the parties or other interested parties are in, the court may request appropriate persons with relevant professional knowledge in the police authorities, the revenue services, financial institutes, colleges or other relevant authorities or organizations, to conduct necessary investigations.
The person so requested in accordance with the preceding paragraph shall assume the obligation to investigate.
The court shall assess the necessary expenses on the requested investigations, as well as the remuneration claimed by the persons who have conducted those investigations. The assessed expenses and remuneration shall constitute part of the total proceedings fees.

A presiding judge or a judge may, upon motion by the parties or on its own initiative, order a family matter investigation officer to investigate facts with regard to a particular matter.
The family matter investigation officer who has conducted the investigation in accordance with the preceding paragraph shall submit a report to the court.
Unless considered unnecessary, prior to ordering an investigation in accordance with Paragraph 1 of this Article, the presiding judge or the judge shall give the parties and the interested parties an opportunity to make a pleading through an oral argument or a statement.
Prior to making a ruling, the presiding judge or the judge, taking account of matters covered by the report submitted in accordance with Paragraph 2 of this Article, shall give the parties and the interested parties an opportunity to be heard or to present their arguments. Notwithstanding the foregoing, the requirement for a hearing does not apply to situations where the privacy of the related persons or an inappropriate subject-matter is involved.
When considered it necessary, the presiding judge or the judge may order the family matter investigation officer to appear before the court to testify, on the date designated in the summons.

Where a party or an interested party is unable to hear, is mute, or does not understand the language used in the court proceedings, the court may, upon motion by the parties or on its own initiative, appoint an appropriate interpreter, examine the concerned party in writing, or order the concerned party to make a statement in writing.

Where expenses are incurred in the handling of a family matter, the court may order the parties, within a designated period of time, to make advance payment for the expenses. Nonetheless, when the advance payment of the expenses is manifestly difficult to be met, or as regards the expenses incurred by investigation of evidence on the court’s own initiative so as to maintain the public interest, the court may make a ruling to grant the party a provisional exemption from all or a part of the advance payment. The differences thus incurred shall be disbursed by the national treasury.
Upon making a ruling on the proceedings fees, the court shall rule on the amount of the expenses disbursed in advance by the national treasury in accordance with the preceding paragraph.

The provisions in the Code of the Civil Procedure with regard to the disqualification of officers of the court shall apply, mutatis mutandis, to family matter investigation officer and consultants.

The provisions in this Act with regard to the authorities of the presiding judge shall apply, mutatis mutandis, to the appointed judge in conducting a preparatory proceeding.