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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 V MATTERS CONCERNING GUARDIANSHIP OF MINORS
Article 120
With regard to the following matters concerning guardianship of minors, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the minor concerned; where the said minor 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 minor currently resides, if the court considers appropriate:
1. matters concerning designation, re-designation, or changing of a guardian for a minor;
2. matters concerning reporting of or submissions by the guardian;
3. matters concerning the resignation of a guardian;
4. matters concerning the determination of the rights exercised by a guardian;
5. matters concerning the determination of the remuneration of a guardian;
6. matters concerning the designation of a special agent for the ward;
7. matters concerning the authorization of an action taken by the guardian;
8. matters concerning the handing over of a child;
9. matters concerning damages out of guardianship;
10. other matters concerning guardianship of minors;
Provisions in Article 104, Paragraph 2 and 3 and Article 105 of this Act shall apply, mutatis mutandis, to matters covered in the preceding paragraph.
Article 121
Where in a matter concerning damages out of guardianship the price or value of the subject matters of the proceeding exceeds the minimum amount under which an appeal may be taken to the court of third instance, the applicant and the opposing party may, prior to the conclusion of the proceedings before the court of first instance, by agreement submit to the court for designating the application of litigation proceedings for family matters to their immediate matter, to be continually presided by the same judge.
Where the facts are complicated in a matter provided in the preceding paragraph, the applicant and the opposing party may, prior to the conclusion of the proceedings before the court of first instance, by agreement motion the court to make a ruling for designating the application of litigation proceedings for family matters to their immediate matter, to be continually presided by the same judge.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.
Article 122
Where there exists one of the following circumstances with regard to the guardian designated by the court, the said guardian may motion to the court to allow his or her resignation:
1. that the said guardian is over 70 of age;
2. that the said guardian is incapable of performing the guardianship for reasons of physical or mental difficulties or disease;
3. that it is inconvenient to perform the guardianship for reasons that the domicile or habitual residence of the said guardian is remote from the court or the place where the ward is;
4. other significant reasons.
In allowing the resignation in accordance with the preceding paragraph, the court shall designate another guardian.
Provisions in Articles 106 and 108 of this Act shall apply, mutatis mutandis, to matters concerning the resignation of the guardian.
Article 123
Provisions in Articles 106 to 108, and in Articles 110 Paragraphs 1 and 2 of this Act shall apply, mutatis mutandis, to matters concerning designation, re- designation, or changing of a guardian for a minor.
Article 124
Provisions in Articles 110 and 112 of this Act shall apply, mutatis mutandis, to matters concerning designation of a special agent by the court for the ward.