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Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART V SECURING PERFORMANCE AND EXECUTION
CHAPTER III EXECUTION CONCERNING HANDING OVER OF A CHILD OR CONCERNING MEETING OR COMMUNICATING WITH A CHILD
Article 194
Where a writ of execution concerns ordering the handing over of a child or meeting or communicating with a child, the executing court shall, taking into account the following circumstances, determine the manner of execution consistent with the best interest of the child, in choosing to conduct the execution in either a directly compulsory means or an indirectly compulsory means or a combination of a directly and an indirectly compulsory means:
1. the age of the minor child and whether he or she has the capability to declare an intention;
2. the will of the minor child;
3. the degree of urgency of the execution;
4. the effectiveness of the means of the execution;
5. the interaction between the obligation-bearer, the right-holder, and the minor child, and the possible impacts of the execution upon those persons.
Article 195
Where the execution involves handing over of a child to the right-holder in a directly compulsory means, it is advisable to draw up an execution plan in advance; where necessary, the execution may proceed without notifying the obligation-bearer the date of execution, while requesting the assistance from the police authorities, the social workers, the medical services, the school teachers, the diplomatic services, or other relevant authorities.
The execution provided in the preceding paragraph is advisable to be conducted with appropriate explanations and exhortation, and as far as possible, to be done in a peaceable manner, taking due consideration of the physical and life safety, physical freedom and dignity, as well as the emotions of the minor child.