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Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART IV NON-LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER III NON-LITIGATION MATTERS CONCERNING PARENT-CHILD RELATIONS
Article 104
With regard to non-litigation matters concerning parent-child relations in the following, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or habitual residence of the child; in case that the said child does not have a domicile or a habitual residence, the jurisdiction to hear the proceedings may be exercised by the court for the place where the child currently resides, if the court considers appropriate:
1. matters concerning claims of maintenance of the minor child, determination, change, or modification of the exercise of rights or assumption of obligations with regard to the minor child, or determination of the exercise of rights or assumption of obligations with regard to essential matters of the minor child;
2. matters concerning the change of the surname of the minor child;
3. matters concerning the cessation of the exercise of the parental rights;
4. matters concerning the designation of a special agent for the minor child;
5. matters concerning the handing over of a child;
6. other matters concerning parent-child relations.
Where the number of the minor children concerned is more than one and their domiciles or habitual residences do not locate in the jurisdiction ratione loci of one single court, the courts that have the jurisdiction ratione loci may exercise concurrent jurisdictions.
Where the court finds matters provided in Paragraph 1 of this Article meritorious, the proceedings fees shall be borne, jointly or severally, by the parents of the minor child.
Article 105
Where the subject-matters of a non-litigation matter concerning parent-child relations are related to a litigation concerning marriage or parent-child relations which has independently been pending before a court, the court shall, except as otherwise provided in the statutory law, order the said non-litigation matter to be joined with the said litigation concerning marriage or parent-child relation before the court of the first or second instance.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph. The court to which the non-litigation matter concerned is transferred shall handle the said non-litigation matter and may not re-transfer the matter.
Article 106
In assessing the best interest of the minor child, the court may consult the competent authorities or the social welfare authorities, seek the assistance of such authorities in visits or investigations; the said competent authorities shall record the results of the visits or investigations in reports, accompanied by concrete recommendations.
Prior to making a decision taking into account the investigation reports in accordance with the preceding paragraph, the court shall grant the interested parties opportunities to be heard. Notwithstanding the foregoing provision, the requirement for a hearing does not apply to situations where the privacy of the related persons or an inappropriate subject-matter is involved.
The court, when necessary, may notify the relevant personnel from the competent authorities or the social welfare authorities to be present at a designated proceeding, who shall be granted opportunities to be heard.
Under the circumstances as provided in the preceding paragraph, the court may take appropriate and necessary measures to protect the privacy and safety of the relevant personnel from the competent authorities or the social welfare authorities.
Article 107
In determining, changing, or modifying the exercise of rights or assumption of obligations by parents with regard to the minor child, the court may: order the handing over of the child; order that a party shall tolerate the taking of the child by the other party; determine the manner or duration of meeting or interact with the minor child by the parent who does not exercise rights or assume obligations; order payment for expenses of maintenance; order handing over identity documents or other property; or order other appropriate measures, specifying necessary detailed requirements.
Provisions in Articles 99 to 103 of this Act shall apply, mutatis mutandis, to ordering of payment for expenses of maintenance provided in the preceding paragraph.
Article 108
Prior to making a decision on matters provided in the preceding article or on other non-litigation matters concerning parent-child relations, the court shall, taking into account the physical and mental conditions of the minor child including the age and the capability of discernment, direct the parties to notice the implications of the forthcoming decisions, by an appropriate means within or without the court room, so as the parties may have an opportunity to express their will or state their opinions. If necessary, the court may seek the assistance from experts in child or adolescent psychology or in other relevant fields.
The provision in Paragraph 3, Article 17 of this Act shall apply, mutatis mutandis, with regard to the remuneration payable to the experts in child or adolescent psychology or in other relevant fields provided in the preceding paragraph.
Article 109
Notwithstanding the fact that the minor child himself or herself is not a party in proceedings on matters concerning the exercise of rights or assumption of obligations with regard to the minor child, the court, for the best interest of the minor child, may when necessary, upon motion by the parents, the minor child, the competent authorities, the social welfare authorities, or other interested parties or on its own initiative, designate a guardian ad litem to act in the proceeding.
Article 110
In the course of proceedings on matters provided in Article 107 or other non-litigation matters concerning parent-child relations, where the parents reached a settlement on matters that are subject to their mutual agreement and the settlement so reached is in the best interest of the minor child, the court shall record the content of the said settlement in the settlement transcript.
The provisions in Articles 101, 102 and 108 of this Act shall apply, mutatis mutandis, with regard to the preceding paragraph.
Article 111
In designating a special agent for the minor child, the court shall take into account all evidence that it can find in time.
Prior to making a ruling with regard to designation in accordance with the preceding paragraph, the court shall consult the person who might be so designated.
A ruling with regard to designation in accordance with the preceding paragraph may record the types of matters and the scope of authority that are delegated to the special agent.
A ruling in designating a special agent shall take effect upon the service of the ruling upon or being notified in open court to the person who is so designated.
To protect the best interest of the minor child, the court may when necessary, upon motion by the parents, the minor child, the competent authorities, the social welfare authorities, or other interested parties or on its own initiative, re-designate a special agent.
Article 112
The court, upon the motion by a special agent, may determine the amount of his or her remuneration, taking into account the following:
1. the grounds the special agent is designated;
2. the efforts paid into carrying out the functions of such a special agent;
3. the assets of the minor child and of the parents;
4. the relation of the special agent with the minor child.
Except as otherwise provided in the statutory law, the remuneration provided in the preceding paragraph shall be borne by the minor child. Notwithstanding the foregoing, where the designation of a special agent has been made for reasons arising from the parents, the court may, taking into account all the relevant circumstances, order the parents to bear the remuneration in whole or in part.
Article 113
The provisions in this Chapter shall apply, mutatis mutandis, to matters concerning the exercise of rights or assumption of obligations with regard to the minor child where the parents do not continue their cohabitation for more than six months.
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