Goto Main Content
:::

Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART IV NON-LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER I GENERAL PRINICIPLES
Article 74
Except as otherwise provided in the statutory law, provisions in this Part apply to non-litigation proceedings for family matters belonging to Categories D and E in accordance with Article 3 as well as other family non-litigation matters.
Article 75
Except as otherwise provided in the statutory law, a motion or a statement may be made by a written or an oral pleading.
An oral pleading of a motion or a statement shall be made before a court clerk; the court clerk shall make a transcript thereof and sign therein, and include that transcript in the court records.
A pleading of a motion, either in a written statement or in a transcript of an oral statement, shall state the following:
1. the full name and the domicile or habitual residence of the applicant; where the applicant is a juridical person, an agency, or an unincorporated association, its full name, its principal office, or its office or place of business;
2. the full name and the domicile or habitual residence of the opposing party, if any;
3. the full name and the domicile or habitual residence of an interested party, if any;
4. the full name and the domicile or habitual residence of the statutory agent and of the non-litigious agent, if any, together with the relationship between the interested party and such an agent;
5. the purpose of the motion and the transaction or occurrence that has given rise to the motion;
6. the evidence necessary to prove the facts or to make a preliminary showing;
7. the annexed documents and the number of items thereof;
8. the court to which the pleading is made, and
9. the date of the pleading.
It is advisable that a pleading of a motion, either in a written statement or in a transcript of an oral statement, shall state the following:
1. the gender, date of birth, occupation, R.O.C. citizen identification number, uniform business number, telephone number, and any other details that are useful for identifying of the applicant, the opposing party, other interested parties, the statutory agent, or the non-litigious agent;
2. matters necessary for determining the competent court to exercise jurisdiction and the applicable proceedings;
3. where there are other related matters that are pending before a court, such matters.
The applicant or the agent who acts on his or her behalf shall sign the said written statement or transcript; where it is impossible for the applicant or his or her agent to sign such a document, such parties may cause another person to write their full names and impress their seals or fingerprints.
Formats of the written statement or the transcript of an oral statement provided in Paragraphs 3 and 4 of this Article shall be prescribed by the Judicial Yuan.
An interested party may transmit such a written statement to the court via telefax or other technological means. Such a transmittal has the same effect as a submission of a written statement. Detailed regulations governing the electronic transmission of a written statement shall be prescribed by the Judicial Yuan.
Article 76
After receiving the written statement or the transcript of an oral statement, in addition to ordering the applicant to submit written statements to provide details on specific matters within a designated period of time or on a designated date, the court shall expeditiously serve the copies of the said written statement or transcript of an oral statement upon parties provided in sub-Paragraphs 2 and 3 of Paragraph 3 of Article 75, and order such parties to make a statement within a designated period of time.
Article 77
The court shall notify the following persons to participate in the proceedings, unless such a notification is manifestly difficult to be made:
1. persons who shall be notified to participate in the proceedings in accordance with statutory requirements;
2. children, adopted children, parents, or adoptive parents in a parent-child relation matter;
3. persons whose rights will be infringed by the outcome of the proceedings.
The court may notify persons whose interests will be affected by the outcome of the proceedings or the relevant authorities or the public prosecutor to participate in the proceedings.
Persons provided in the preceding two paragraphs or other interested persons may move to participate in the proceedings. Nonetheless, where the court considers the criteria for such participation are not satisfied, it shall dismiss such a motion by a ruling.
Article 78
The court shall investigate facts and necessary evidence on its own initiative.
Where a court deems the claims or statements of an interested party to be incomplete, it shall direct such a party to clarify or to provide supplementary explanations.
Article 79
Provisions in Articles 41, Paragraph 1 of Article 42 and Article 43 of this Act shall apply, mutatis mutandis, to the joining-in, amending, adding to the original claim or in the counter-claim of family non-litigation matters.
Article 80
Where the applicant is not able to continue his or her participation in the proceedings due to death, disqualification or other circumstances, other persons who are entitled to file a petition may, within ten days from the happening of such a circumstance, file a declaration to assume the proceedings; notwithstanding the forgoing, the court may, on its own initiative, notify such persons to assume the proceedings.
Where the opposing party is not able to continue his or her participation in the proceedings due to circumstances as provided in the preceding paragraph, the provision of the preceding paragraph shall, mutatis mutandis, apply.
Where a matter, irrespective of being initiated by parties’ petition or on the court’s own initiative, is not assumed, the court shall continue the proceedings when deems it necessary.
Article 81
A court ruling shall be served upon a person against whom a ruling is made, as well as upon the interested parties known to the court.
The persons provided in Paragraph 1 of Article 77 may file a petition to the court for a service with the court ruling.
Article 82
Except as otherwise provided in the statutory law, a court ruling shall take effect upon its announcement, publication, service or notification by an appropriate means upon a person against whom the said ruling is made. Notwithstanding the forgoing, where an interlocutory appeal is filed in accordance with the law, the execution of such a ruling shall be suspended during the time when such an appeal is still pending.
Where a court ruling is published or notified by an appropriate means, the court clerk shall issue a certificate indicating the said appropriate means and the date of the notification and annex the certificate to the dossier of the case.
Article 83
Except as otherwise provided in the statutory law, a court may revoke or amend a ruling made by itself, where the said court deems the said ruling inappropriate and where there exists one of the following circumstances:
1. that an interlocutory appeal may not be filed against the said ruling;
2. that where against the said ruling an interlocutory appeal may be filed and an interlocutory appeal has been filed, nonetheless the case has yet been transferred to an immediate superior court;
3. that the said ruling was made on a matter that is not subject to the disposition of an interested party. Nonetheless, where the interlocutory appeal has been ruled upon by an immediate superior court, the said immediate superior court may revoke or amend the said ruling.
Where a court makes a ruling on a matter that is subject to the disposition of a an interested party, and the said ruling denies the petition, the court may not revoke or amend the said ruling in accordance with Subparagraph 1 of the preceding paragraph, unless a petition to that effect is made by the applicant.
Where circumstances have changed after the time at which the ruling concerned becomes final and binding, the court may revoke or amend the said ruling.
Prior to revoking or amending a ruling, the court shall grant an opportunity to be heard to the interested parties.
Except as otherwise provided in the statutory law, the effects of the revocation or amendment of a court ruling shall not be retroactive.
Article 84
Provisions in Article 83 of this Act shall apply, mutatis mutandis, to a mediated decision on a family non-litigation matter reached under the auspices of a court. Notwithstanding the forgoing, a ruling on a matter that is subject to the disposition of an interested party, the court may not revoke or amend the said ruling unless a petition to that effect is made by the applicant or the opposing party.
Where, in accordance with a mediated decision on a matter that is subject to the disposition of a an interested party, a party is obligated to tender a specific performance and the said performance has not been carried out, and moreover, where a change of circumstances has rendered the content of the mediated decision manifestly unfair, the court may, upon motion and by a ruling, amend the said mediated decision.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.
Article 85
With regard to a family non-litigation matter that has already been admitted, except as otherwise provided in the statutory law and prior to the time at which the substantive ruling becomes final and binding, the court, when necessary, may, either upon motion by the parties or on its own initiative, order an appropriate injunction. Notwithstanding the forgoing, with regard to a matter that is subject to the disposition of an interested party, such an injunction may not be ordered unless a motion to that effect is filed by the said interested party.
In filing a motion in accordance with the preceding paragraph, an interested party shall indicate the following: the substantive claims, the subject-matters to be covered by the injunction, and the grounds for ordering the injunction, as well as clarifying the grounds for indicating the injunction to the extent that the matters concerned are subject to the disposition of the said party.
By the injunction ordered in accordance with Paragraph 1 of this Article, the court may order the interested parties to perform a specific act, prohibit the interested parties from performing a specific act, state the status quo to be provisionally maintained, or order other appropriate handling.
No provision of security shall be required by the order indicating an injunction made in accordance with Paragraph 1 of this Article. The forgoing shall be without prejudice to the application of other provisions in the statutory law, or where the court deems an injunction necessary.
Detailed regulations governing the categories of circumstances that may be covered by an injunction, as well as the methods of ordering an injunction shall be prescribed by the Judicial Yuan.
Article 86
An injunction shall be ordered by a ruling of the court with which the substantive case is registered; where an interlocutory appeal has been taken from the ruling on the merits of the case, and the dossier of the case has been transferred to the immediate superior court, the injunction shall be ordered by a ruling by the said immediate superior court. Notwithstanding the forgoing, where, subsequent to the registration of the case, the urgency of the situation so requires that a timely injunction cannot be ordered by the court with which the case is registered or the immediate superior court, such an injunction may be ordered by a ruling of the court that has jurisdiction ratione loci for the place where the properties, the objects of the claims, or the interested parties are, and the court that makes the ruling shall immediately transfer the ruling to the court with which the case is registered or the immediate superior court.
Article 87
An injunction shall take effect upon the service or the notification of the ruling upon the persons against whom the ruling was ordered, unless, where it is manifestly difficult for such a notification to be made, the said injunction shall take effect upon the publication of the ruling.
A ruling that orders an injunction may serve as a writ of execution.
Except as otherwise provided in the statutory law, the execution of an injunction may be conducted, on its own initiative, by the court that has made the ruling ordering the injunction.
Where the ruling ordering an injunction concerns matters that shall be registered in accordance with the law, the court shall notify the competent authorities in question. The forgoing shall apply irrespective of the eventualities where the ruling becomes inoperative.
Article 88
Where an injunction is considered improper or is no longer necessary after the time at which the ruling that orders the said injunction becomes final and binding, the court may, upon motion by the parties or on its own initiative, revoke or amend the said injunction.
Unless the court considers it improper, prior to revoking or amending a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.
Article 89
Except as otherwise provided in the statutory law or otherwise ruled by the court, a ruling that orders an injunction shall be automatically inoperative under one of the following circumstances:
1. where the substantive claims have been denied by a final and binding judgment;
2. where the proceedings relating to the substantive claims have been deemed terminated out of the voluntary dismissal of the action or other grounds;
3. in so far as the differing parts between the contents of the ruling that orders an injunction, and the parts of the substantive claims that have been granted by a final and binding judgment, or the parts that have been established by the reaching of a mediation or a settlement;
4. where the ruling that orders an injunction has been revoked or amended by a final and binding ruling.
Article 90
Where there is one of the circumstances provided in Article 89, the court may, upon motion by the parties or on its own initiative, within the extent to which the ruling that orders an injunction is automatically inoperative, order the return of the prestations received or other appropriate handling. The foregoing provision does not apply to the payment for living expenses of the household or for expenses of maintenance within the limit that is necessary.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.
Provisions in Paragraphs 2 and 3 of Article 87 and in Article 91 of this Act shall apply, mutatis mutandis, with regard to the court’s ruling in accordance with Paragraph 1 of this Article.
Res judicata exists as to a claim covered by a final and binding ruling done in accordance with Paragraph 1 of this Article.
Article 91
Except as otherwise provided in the statutory law, an interlocutory appeal may be taken from a ruling that orders an injunction only by a person who is entitled to take an interlocutory appeal from a ruling that grants the substantive claims; the execution of the said ruling that orders an injunction shall not be stayed pending an appeal, unless where considered necessary, the court that originally made the ruling or the immediate superior court may order a stay of execution with or without provision of a security.
No interlocutory appeal may be taken from a ruling done in accordance with the last sentence of the preceding paragraph.
An interlocutory appeal from a ruling that denies a motion for an injunction may only be taken by the applicant.
Unless the immediate superior court considers it improper, prior to making a ruling in accordance with the preceding paragraphs, the immediate superior court shall grant an opportunity to be heard to the interested parties.
Article 92
An interlocutory appeal from a ruling that infringes the rights of the interested parties may be taken by the said interested parties.
An interlocutory appeal from a ruling that affects the public interest may be taken by the relevant competent authorities or by a prosecutor.
Where a ruling is made upon motion with regard to a matter that is subject to the disposition of an interested party, an interlocutory appeal from a ruling that denies the motion may be taken only by the applicant.
Article 93
Except as otherwise provided in the statutory law, an interlocutory appeal may be taken within a peremptory period of ten days following the service of the ruling. Notwithstanding the preceding provision, a filing of an interlocutory appeal prior to the service of the ruling shall be valid.
Where the ruling is served upon none of the persons who are entitled to take an interlocutory appeal, the time period provided in the preceding paragraph shall begin to run only from the service of the ruling upon the applicant or other interested parties.
Where there is more than one person upon whom the ruling shall be served in accordance with Paragraphs 1 and 2 above, except as otherwise provided in the statutory law, the time period for taking an interlocutory appeal shall begin to run from the first service of the ruling.
Article 94
An interlocutory appeal from a ruling made by a court of first instance on a family non-litigation matter shall be ruled jointly by judges sitting in council in the juvenile and family court.
An interlocutory appeal from a ruling made in accordance with the preceding paragraph may be taken forthwith to the Supreme Court only on ground of a manifest error in the application of statutory law.
Where a petition for amending or adding to the original claim, or for initiating a counter-claim is made prior to the conclusion of the oral pleading proceedings for the first or second instance in accordance with provisions in Article 41, an interlocutory appeal from a ruling made by a court of second instance on a family non-litigation matter shall be ruled by its immediate superior court.
Article 95
Unless the immediate superior court considers it improper, prior to making a ruling on the substantive claims, the immediate superior court shall grant an opportunity to be heard to parties whose legal interest may be affected by the outcome of its decision.
Article 96
Provisions with regard to rehearing proceeding in PART V of the Code of Civil Procedure shall apply, mutatis mutandis, to a final and binding ruling on the substantive claims made on a family non-litigation matter. Notwithstanding the foregoing provision, where there exists one of the following circumstances, no motion for rehearing may be made on the identical ground:
1. the ground for review, having been asserted in an interlocutory appeal, in a motion for rehearing, or in a motion for revoking or amending, has been overruled on ground of being meritless;
2. the ground for review, having been known but not been covered by an interlocutory appeal, or having been covered by an interlocutory appeal but not been asserted, has been overruled on ground of being meritless.
Article 97
Except as otherwise provided in the statutory law, provisions in the Act Governing Non-litigation Cases shall apply, mutatis mutandis, to a family non-litigation matter.