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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2022/05/25 23:17
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Chapter Law Content

Title: Domestic Violence Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Parents and Children
Article 43
When a court determines or alters the person to exercise the rights and assume the duties in relation to minors in accordance with the law, if domestic violence has occurred, it shall be presumed that the exercise the rights and assume the duties by the infringer is to the detriment of the child.
Article 44
After the court renders a judgment to determine or alter the person to exercise the right and assume the duties in relation to minors or a judgment concerning meetings and dealings with the minor child in accordance with the law, if domestic violence has occurred, the court may alter the judgment based on the best interest of the child pursuant to a request by the victim, the minors, the municipal or county (city) competent authority, the social welfare institution or any interested person.
Article 45
In allowing an infringer of domestic violence to have visitations with minors in accordance with the law, the court shall consider the security of the child and the victim and may issue one or more of the following orders:
1. Delivery of the child in a specific secure place.
2. Visitation under the supervision of a third party, authority or organization and instructions to be complied with during visitation period.
3. Completion of an offender treatment program or other specific assistance as a condition to the visitation.
4. Payment of the cost for the supervision of visitation.
5. Prohibition against meetings and dealings overnight.
6. Timely and secure handover of the child and payment of a guarantee deposit.
7. Other conditions for the protection of the security of the child, the victim or other family members.
If the court determines that any order under the previous paragraph has been breached or that the security of the victim or the child cannot be assured under allowed visitation, the court may prohibit the visitation pursuant to a petition or its own initiative. The guarantee deposit may be forfeited if the order under Subparagraph 6 of the previous paragraph is breached.
If required, the court may order the relevant authority or relevant person to maintain the confidentiality of the place of domicile or residence of the victim or his/her child.
Article 46
The municipal or county (city) competent authority shall arrange the locations or mandate other authorities (institutions) or organizations to arrange the locations for visitation with minors.
The locations under the previous paragraph shall have personnel that have received domestic violence security and prevention training. The rules concerning the enforcement and fee charges for the arrangements of and supervision of visitation and the delivery of the child shall be determined by the municipal or county (city) competent authority.
Article 47
If the court determines that there is an event of domestic violence during litigation or mediation proceedings, the court shall not carry out settlement or mediation, except if any of the following events occur:
1. The person performing the settlement or mediation has received training in domestic violence prevention and carries out the settlement or mediation in a manner that ensures the security of the victim.
2. The victim is allowed to select a person to assist and participate in the settlement or mediation.
3. Other procedures that can protect the victim from harm by the offender as determined by the person performing the settlement or mediation.
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