Except as otherwise provided in the statutory law, provisions in this Part apply to litigation proceedings for family matters belonging to Category A, Category B, Category C in accordance with Article 3 and other family litigation matters.

To initiate an action, a complaint shall be submitted to the court and indicate the following matters:
1. the Parties and their statutory agents;
2. the claim and the transactions and occurrence giving rise to such a claim; and
3. the demand for judgment for the relief sought.
It is advisable to indicate in a complaint the following:
1. all matters necessary for determining the competent court which exercises jurisdiction and for determining the applicable proceedings;
2. matters in the preparation of the oral argument;
3. the existence or non-existence of minor children between the parties; and
4. the existence or non-existence of other related matters pending before the court.

Except as otherwise provided in the statutory law, a family matter action belonging to Category A or Category B in accordance with Article 3 that is initiated by one of the parties in the identification or relation that constitutes the very subject-matter of the claim shall list the counter party in the said personal identity or relationship matter as the defendant.
With regard to a case as provided in the preceding paragraph, except as otherwise provided in the statutory law, a family matter action that is initiated by a third party shall list both parties in the personal identity or relationship matter that constitutes the very subject-matter of the case as the joint-defendants; where one of such parties is dead, the claim shall list the surviving party as the defendant.

Where the outcome of a family-matter litigation concerning matters belonging to Category A or Category B in accordance with Article 3 will involve an interest of a legal nature on part of a third party, the court shall, at a reasonable time prior to the conclusion of the oral argument proceedings for the first or second instance, serve such third parties known to the court with a written notice to inform them of the existence of the action concerned and the phase such an action is in; when the judgment is made, the court shall serve such third parties with a copy of the written judgment.
In the course of investigating whether there exists an interested party as provided in the preceding paragraph, the court, when necessary, may order the parties to provide relevant information or take other necessary measures.
The provisions in Article 56 of the Code of Civil Procedure shall apply, mutatis mutandis, to circumstances in which a third party served in accordance with Paragraph 1 of this Article intervenes in the action in accordance with Article 58 of the Code of Civil Procedure.
Where the court of the instance exclusively for legal scrutiny considers it necessary to attempt a settlement, the court may, in accordance with Article 377 of the Code of Civil Procedure, instruct the interested third parties to participate in the settlement proceedings.

With regard to circumstances where a multiple of family litigation matters, or a family litigation matter and a family non-litigation matter, are connected in facts from which the relevant claims arise, a petition for joining the cases concerned may be made to one of the juvenile and family courts that has jurisdiction over such cases, notwithstanding the provisions in Articles 53 and 248 of the Code of Civil Procedure.
With regard to the circumstance provided in the preceding paragraph, a motion for amending or adding to the original claim, or for initiating a counter-claim, may be made prior to the conclusion of the oral pleading proceedings for the first or second instance.
Where a separate action is initiated with regard to claims the amendment of which, the addition to which, or a counter-claim to which may be made in accordance with the preceding paragraph, the court may, when considers it necessary for consolidating the handling of the matters concerned or upon agreement between the parties, upon motion by the parties or on its own initiative, consolidate the case or make a ruling to transfer the case to a court of first instance or of second instance that has the family litigation matter concerned before it at the earliest instance. Provisions in Article 6, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to such a circumstance.
Where a binding decision has been made at the time when a ruling to transfer the matter to the court becomes final and binding, the court to which the matter is thus transferred shall handle the transferred matter independently.
Where the binding decision as provided in the preceding paragraph is made by a first-instance court and the matter has been lawfully appealed to and is before a court of second instance, the court to which the matter is thus transferred shall further transfer the said matter to be dealt jointly with the appealed matter by the second-instance court that handles the appeal.
With regard to the joining of the matters by joining, amending, adding to the claims or initiating a counter-claim as provided in Paragraphs 1 to 3 of this Article, except as otherwise provided in this Act, the law governing the various matters respectively prior to their joining together shall apply.

With regard to the multiple matters that may be joined by joining, amending, adding to the claims or initiating a counter-claim in accordance with Paragraphs 1 to 3 of Article 41, the court shall handle these matters jointly and ender a joint decision. Notwithstanding the foregoing, the court may handle the matters separately and enter separate decisions where there exists one of the following circumstances:
1. where there exists no connection between the objects of the claims or between the means of attack or defense;
2. where both parties agree that the matters should be handled separately and subject to separate decisions and the court considers such an agreement is appropriate;
3. where it is considered to be necessary that the matters should be handled separately and subject to separate decisions, judging from the nature of the matters involved.
Where the court makes a decision on the matters joined up family litigation matters and family non-litigation matters, except as otherwise provided in the statutory law, the decision shall be done in a judgment.

Where a decision, in whole or in part, on an action transferred by a ruling of a court in accordance with Paragraph 3 of Article 41 and before the court thus transferred is premised upon whether the relevant claims in the transferred action can be sustained or upon their incompatibility with the claims in the main action, the court to which such a case is transferred may, upon motion by the parties or on its own initiative, make a ruling to suspend the litigation proceedings prior to the time at which the transfer ruling becomes final and binding.

With regard to an appeal against a final decision of a family litigation matter or a family non-litigation matter, except as otherwise provided in the statutory law, the provisions governing the appellate procedure shall apply.
With regard to an appeal against a final judgment on a family litigation matter in whole or in part, the provisions governing the appellate procedure shall apply.
With regard to an appeal taken by a party or a third party of a family non-litigation matter against a final ruling made by a first-instance court in whole or in part, the provisions governing the appeal procedure from a ruling for such a family non-litigation matter shall apply.
Where an appeal is taken from a final judgment on a family litigation matter, the appeal shall be deemed to be an appeal taken on a judgment on matters that is based upon the legal relation ruled upon in the said family matter judgment.

The parties may reach a settlement during the litigation proceedings on divorce, termination of an adoptive relation, partition of inheritance, or other matters subject to the parties’ own disposition. Nonetheless, a settlement on divorce or termination of an adoptive relation may only be reached by the express agreement made by both parties in person.
A settlement reached in accordance with the preceding paragraph shall have the same effect as a binding judgment upon being recorded in the settlement transcript.
With regard to a settlement involving a person’s identity which, in accordance with statutory law, requires registration, the court shall, on its own initiative, notify the household registration office of such a case.
Provisions in Part V-I of the Code of Civil Procedure on third-party opposition proceeding shall apply, mutatis mutandis, to the circumstances provided in Paragraph 2 of this Article.

Except as otherwise provided in the statutory law, where a party has either abandoned or admitted the claim during an oral argument proceeding with regard to a matter that is subject to that party’s own disposition in accordance with Paragraph 1 of Article 45, the court shall, based upon such abandonment or admission, enter a judgment against such a party. Nonetheless, the foregoing provision shall not apply with regard to matters involving divorce or termination of an adoptive relation, where any of the following circumstances exists:
1. the abandonment or admission in question has not been stated in person by the party involved before the court;
2. the claim is joined with other claims, and a joint or consistent decision cannot be made on the matters as a whole;
3. the abandonment or admission in question is likely to prejudice the interest of a minor child, and a joint decision that incorporates protective measures for the interest of the minor child in question cannot be made.
With regard to the circumstances provided in the preceding paragraph, the presiding judge shall, prior to making a decision based upon the abandonment or admission by the parties, clarify the extent to which the interests of parties are likely to be affected by the court’s decision.
Where a party has abandoned the claim during an oral argument proceeding in person before the court with regard to a matter that is not subject to that party’s own disposition, the said party shall be deemed to have voluntarily dismissed the action. Nonetheless, the foregoing provision shall not apply with regard to circumstances where the multiple actions jointly initiated by the party are premised upon the abandonment of the claim in question.
Articles 262 to 264 of the Code of Civil Procedure shall apply, mutatis mutandis, to the circumstances provided in Paragraph 4 of Article 46.

Upon the delivery of the complaint to the court, the presiding judge shall, taking into account the nature of the case, draw up a plan for conducting the proceedings, and designate dates for the oral argument proceedings at an appropriate time.
Except as otherwise provided in the statutory law, the means of attack or defense for the establishment of the respective cases shall be presented at an appropriate time, judging by the phase the litigation is in, prior to the conclusion of oral-argument proceedings.
Where a party has willfully or through gross negligence delayed in presenting an attack or defense so as to delay the conclusion of the litigation, the court, in making a decision on the case, may take into account the causes that might have given rise to the delay in presenting the attack or defense.
Paragraph 2 of Article 196, Paragraph 2 of Article 268-2, Article 276, Article 444-1 and Article 447 of the Code of Civil Procedure shall apply, mutatis mutandis, to circumstances provided in Paragraph 3 of Article 47 with regard to matters involving divorce, termination of adoptive relation, partition of inheritance or other matters subject to the parties’ own disposition.
In circumstances provided in Paragraphs 3 and 4 of Article 47, the parties shall be granted an opportunity to present their arguments.
Where a claim may be joined with other claims, amended, added or where a counter-claim may be made upon the parties’ statements, the court shall elucidate those circumstances to the relevant parties.

A final and binding judgment on a family-matter litigation concerning matters belonging to Category A or Category B in accordance with Article 3 shall be legally binding on a third party. Nonetheless, the foregoing provision shall not apply to the following situations:
1. where a party whose marital relations will be affected by the outcome of litigations on a declaratory judgment on confirming the invalidity of a marriage, or on a judgment of the existence or non-existence of a marriage has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself;
2. where a party who would assert that he or she has a parental relation with a child in question depending on the outcome of a litigation on a declaratory judgment on confirming the existence or non-existence of a parental relation has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself;
3. where a child born out of wedlock who would assert that he or she be affected by the outcome of a litigation on acknowledgement of a child has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself.
Where a party provided in Subparagraphs 1 to 3 of the preceding paragraph or a third party whose interest of a legal nature is involved has been prevented from intervening in the action due to reasons not imputable to himself or herself, such a party may initiate an opposition action against the final and binding judgment to seek the revocation of the part of the judgment in question which is prejudicial to his or her interest. Provisions in PART V-I of the Code of Civil Procedure on third-party opposition proceeding shall apply, mutatis mutandis, to the foregoing circumstances.

Where the court has reasons to believe that there is a prospect for the parties to the family-matter litigation to reach an amicable solution or the parties have come very close to a settlement, the court may suspend the proceedings for a period of no longer than six months or take other necessary measures.

Except as otherwise provided in the statutory law, where the plaintiff to an action concerning a person’s identity or relationship has died prior to the time at which the judgment becomes final and binding, the pending action shall be deemed to be concluded.
With regard to an action initiated in accordance with Article 39, where one of the co-defendants has died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by the surviving defendant.
Except as otherwise provided, with regard to an action initiated in accordance with Article 39, where all of the co-defendants have died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by a prosecutor.

Except as otherwise provided in this Act, provisions in the Code of Civil Procedure shall apply, mutatis mutandis, to the family-matter litigation.

With regard to matters concerning determination of the invalidity of a marriage, annulment of a marriage, divorce, or determination of the existence or non-existence of a marriage, the jurisdiction to hear the proceedings exclusively belongs to the courts listed in the following:
1. the court for the place of the domicile of the husband and wife;
2. the court for the place of the joint habitual residence of the husband and wife; or
3. the court for the place of the habitual residence of the husband or the wife from whom the transactions or occurrences that gives rise to the claim take place.
Notwithstanding the provisions in the preceding paragraph, the parties may, by a written agreement, agree on the court that shall hear the proceedings.
Where either the husband or the wife has died with regard to the matters provided in Paragraph 1 of this Article, the proceedings shall exclusively be heard by the court for the place of the domicile of the deceased party at the time of his or her death.
Where the court that shall hear the proceedings cannot be determined in accordance with Paragraphs 1 to 3 of this Article, the proceedings shall be heard by the court for the place of the domicile or the residence of the defendant. Where the court for the place of the domicile or the residence of the defendant cannot be determined, the proceedings shall be heard by the court for the seat of the central government.

Courts of the Republic of China (R.O.C.) shall have jurisdiction to hear proceedings of marriage matters in one of the following circumstances:
1. where either the husband or the wife is an R.O.C. national;
2. where neither the husband nor the wife is an R.O.C. national but they have a domicile or have joint residence within the territory of the R.O.C. for a duration of more than one year;
3. where either the husband or the wife is a stateless person but has habitual residence within the territory of the R.O.C.;
4. where either the husband or the wife has habitual residence within the territory of the R.O.C. for a duration of more than one year. Nonetheless, the foregoing provision does not apply to circumstances where a decision made by the court of the R.O.C. is manifestly likely to be unrecognized in the jurisdictions to which either the husband or the wife belongs.
The provisions in the preceding paragraph do not apply to circumstances where it is manifest that the defendant will have difficulties in appearing before a court in the R.O.C.

When commencing proceedings on matters concerning the determination of the invalidity of a marriage or concerning the existence or non-existence of a marriage relation in accordance with Article 39, the court shall, on its own initiative, notify other parties to the marriage in question who have not been listed as parties to the proceeding to facilitate their intervention thereto; to such a circumstance, provisions in Article 40 shall apply.

Where either the husband or the wife involving in a marriage matter is a person who is subject to an order of the commencement of guardianship, except in the circumstances provided in Article 14, Paragraph 3, the acts of litigation for such a party shall be performed by the guardians on his or her behalf; to such a circumstance, provisions in Articles 15 and 16 shall apply.
Where a guardian initiates an action that might prejudice the interests of a person who is subject to an order of the commencement of guardianship, the court shall, by a ruling, dismiss the action.

Where a petition for amending or adding to the original claim, or for initiating a counter-claim may be made in accordance with Article 41, Paragraph 2 with regard to matters concerning determination of the invalidity of a marriage, annulment of a marriage, divorce, or determination of the existence or non-existence of a marriage, such a matter may not be the subject-matter upon which a separate action is based. Where a separate action is nevertheless initiated, the court shall rule to transfer the case to be joined with the case that is already before a court of the first or second instance, in accordance with Paragraphs 2 to 5 of Article 6.

Where a final and binding judgment has been made on a litigation involving marriage matters, the parties may not initiate a separate action for the marriage thus covered on grounds that may be asserted in the joining-in, amending, adding to the original claim or in the counter-claim, except in the following circumstances:
1. where those grounds had not been asserted due to the lack of clarification from the bench;
2. where those grounds, although had been clarified from the bench, had nevertheless not been asserted due to reasons not imputable to the parties.

Provisions governing the admission of facts during the proceedings or the effects of the undisputed facts shall not apply with regard to the reasons and the facts that constitute the grounds for annulment of a marriage in such a litigation, or with regard to the reasons and the facts that constitute the grounds for alleging the invalidity of a marriage or the existence or non-existence of a marriage in such a litigation.

Where either the husband or the wife to a divorce proceeding has died prior to the time at which the judgment becomes final and binding, the pending action shall be deemed to be concluded. The foregoing shall likewise apply to an action for annulment of a marriage initiated by the husband or by the wife.

Where the plaintiff to an action for the annulment of a marriage has died prior to the time at which the judgment becomes final and binding, in addition to being notified in accordance with Article 40, the interested parties who were entitled to initiate the identical action may, within ten days of being aware of the decease of the plaintiff, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.

With regard to matters concerning parent-child relation, the jurisdiction to hear the proceedings exclusively belongs to courts listed in the following:
1. the court for the place of the domicile of the child or the adopted child;
2. the court for the place of the father, the mother, the adoptive father or the adoptive mother.
Where a minor child or an adopted child is listed among the defendants in the matter provided in the preceding paragraph, the court for the domicile of such a child shall have the exclusive jurisdiction to hear the proceedings.

Where an adopted child who is a party in an action between himself or herself and the adoptive parents lacks the capacity to represent oneself in the proceeding and the adoptive parents are his or her statutory agents, the natural parents of the child shall act on his or her behalf in the proceeding; the court may also designate a guardian ad litem to act in the proceeding in accordance with Article 15.
Where the natural parents are unavailable or there are other reasons indicating that the natural parents are not suitable to act as guardians, the court shall designate a guardian ad litem to act in the proceeding in accordance with Article 15.

An action on the disavowal of paternity shall be initiated against the husband or the wife who is not the party who initiated the action, together with the child.
An action on the disavowal of the presumed biological father shall be initiated by the child against the presumed biological father.
Where, in the circumstances provided in the preceding two paragraphs, one of the parties against whom the action should be initiated has died, the action shall be initiated against the other surviving parties; where all the parties against whom the action should be initiated have died, the action shall be initiated listing the prosecutor as the defendant.

Where, with regard to an action on the disavowal of paternity, either the husband or the wife, or the child has died during or prior to the commencement of the statutory period within which to initiate the action, such an action may be initiated by a party whose right to inheritance might be infringed.
The action as provided for in the preceding paragraph shall be initiated within six months of the time of death of the deceased.
Where either the husband or the wife, or the child has died after initiating the action on the disavowal of paternity, a party whose right to inheritance might be infringed may, within ten days from the death of the plaintiff is known to him or her, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.

An action on the determination of the biological father of a child born after the mother marries again may be initiated by the child in question, the mother, the spouse of the mother or the spouse of the mother in her previous marriage.
Where the action provided in the preceding paragraph is initiated by the spouse of the mother, it shall be initiated against the spouse of the mother in her previous marriage; where such an action is initiated by the spouse of the mother in her previous marriage, it shall be initiated against the spouse of the mother; where such an action is initiated by the child or the mother, it shall be initiated jointly against the present spouse and the spouse of the mother in her previous marriage; where either the present spouse or the spouse of the mother in her previous marriage has died, such an action shall be initiated against the surviving spouse.
Where, in the circumstances provided in the preceding paragraph, all of the parties against whom the action should be initiated have died, the action shall be initiated listing the prosecutor as the defendant.

Where circumstances as provided in Article 1067 of the Civil Code exist with regard to a claim of acknowledgement of a child by the natural father, the action may be initiated listing the competent social welfare authorities or the prosecutor as the defendant.
Where an action of acknowledgement of a child is initiated by the child concerned, the mother, or otherwise by the statutory agent and the said party has died prior to the time at which the judgment becomes final and binding, the interested parties who were entitled to initiate the identical action may, within ten days of being aware of the decease of the plaintiff, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.
Where, with regard to an action provided in the preceding paragraph, the alleged natural father has died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by his successor. Where there is no such a successor or all such successors have died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by a prosecutor.

Where a dispute exists with regard to the existence or non-existence in law of a parent-child relation or an adoptive relation and there is an immediate legal interest in acquiring a determination judgment, an action on the determination of the existence or non-existence of a parent-child relation or an adoptive relation may be initiated.
Where, with regard to an action on the determination of the non-existence of a parent-child relation, the court has obtained conviction on the facts of being the natural father on the part of the plaintiff or the defendant, which will lead to a judgment dismissing the plaintiff’s suit, the court shall clarify the facts so that the parties may motion to change the claim into one on the determination of the existence of a parent-child relation.
Prior to entering a judgment on a motion in accordance with the preceding paragraph, the court shall give the parties and the interested parties an opportunity to make a pleading through an oral argument or a statement with regard to facts relevant to the existence of a parent-child relation.
Where an action of Paragraph 1 of this Article was initiated by more than two persons or against more than two persons in accordance with Article 39 of this Act, the court shall handle these matters jointly and enter a joint decision.

Where a minor child disputes the existence or non-existence of a blood relationship with regard to a matter concerning a parent-child relation, where considers it necessary, the court may, upon motion by the parties or on its own initiative, order the parties or the interested parties to undergo blood-type, DNA, or other medical tests within a designated period of time. Where such a motion was made by a party, the party shall make a preliminary showing on facts that are sufficient to cast doubts on the existence or non-existence of a blood relationship.
The test ordered in accordance with the preceding paragraph shall be conducted in a manner consistent with widely recognized procedures and methods in medical sciences, taking adequate care to the integrity of physical conditions, health and reputation of the persons subject to such a test.
Prior to making a ruling in accordance with Paragraph 1 of this Article, the court shall grant the parties or the interested parties an opportunity to speak.

Provisions in Paragraphs 2 to 4 of Article 52 and Articles 53, 56, 57 and 60 of this Act shall mutates mutandis apply to matters provided in this Chapter.
Provisions in Article 54 and Article 55 of this Act shall mutates mutandis apply to actions provided in Article 62.
Provisions in Article 59 shall mutates mutandis apply to actions with regard to annulment of adoption of a child, termination of an adoptive relation, or annulment of the termination of an adoptive relation.

With regard to 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 jurisdiction to hear the proceedings may belong to courts listed in the following:
1. the court for the place of the domicile of the successor at the opening of the succession;
2. the court for the place of the primary property of the deceased.

A complaint to initiate the partition of inheritance shall indicate the matters provided in Article 38, and is advisable to include the genealogical list of inheritance and the inventory of the property of the deceased.

Where there is a dispute with regard to the right to inheritance in a litigation concerning the partition of inheritance, the court shall direct the parties about the possibilities of adding to the original claim or raising a counterclaim in the said litigation.

Where an agreement with regard to the manner of partition of the inheritance has been reached amongst all the parties, unless there exists a circumstance to which Article 45 of this Act shall be applied, the court shall make its judgment taking full account of such an agreement.
Prior to entering a judgment in accordance with the preceding paragraph, the court shall direct the parties to make a pleading through an oral argument or a motion.