When Taiwanese judges stop issuing statements like “the little girl wasn’t raped because you haven’t shown to me that she put up enough of a fight to demonstrate she didn’t consent”, I’ll start having a little more faith in the wisdom of the Taiwanese legal system and the people who implement it.
Can they lose their positions for this? Who decides they’ve made poor decisions? (In other words, who judges the judges?) There have been a number of high profile dinosaur judge decisions that resulted in zero judges losing their jobs (to the best of my knowledge). I’m pretty sure ruling against a foreigner - or simply being unable to uphold a visitation rights order, which is much more likely in my opinion - isn’t going to tarnish their reputations.
I think more to the point was the example I gave of someone who was dragged through all three courts, if there was systematic and always favoring the Taiwanese parent over the foreign parent, one of those courts would have ruled in favor of the Taiwanese parent.
Regarding losing their position, I don’t think that is even a possibility, but generally, if all things are equal and one parent is Taiwanese and the other foreign, the court would side with the Taiwanese parent, for reasons that range from being brought up in Taiwan, to the parents fluency in the language and a support system of family. I think there is a solid argument in such a case that would be in the interests of the child.
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Yes, they can. New laws were adapted for this after some poor decisions of judicial transgressions. Many of them due to the fact, like most countries, judges often have personal and business ties to people in high places or lawyers. But this certainly isn’t a thing exclusive to Taiwan.
I believe you are using the argument that Taiwan still has some backwards stone age laws, sure I agree. Things like capital punishment. I’m not going to argue with you there. But I think the event you referred to was one incident, and it has a lot to do of how the laws are written here.
Again, is the legal system here perfect, no. Are the judges her perfect, again no. But I’d take the judicial system her over many countries any day.
The new law requires [Taiwan Today report] that judges be evaluated every three years by a committee that will include two academics and two impartial people from the community to be selected by the Judicial Yuan from recommendations from the Ministry of Justice and Taiwan Bar Association [official websites]. The committee then recommends disciplinary action, if necessary, to an internal tribunal made up of five senior judges, which has the final say. Victims of a crime or parties in a case may also request evaluation of a judge. A similar 27-member committee made up of 12 judges, 11 Judicial Yuan members, and four outsiders will be responsible for reviewing the appointment, transfer, rewarding, suspension and dismissal of judges.
Is this perfect? probably not, but yes, judges can be removed.
Define clearly and poor. 
(That’s rhetorical, of course.)
“Dinosaur judges” are by no means an exclusively Taiwanese phenomenon. In response to your example, here’s a recent one from Canada:
Tl/dr: “Why didn’t you keep your knees together?” He eventually resigned when they announced they were getting rid of him, but it’s not clear they would have gone that far without very serious media attention.
In addition to what Andrew cited, the Control Yuan has the power of impeachment, for whatever that’s worth. 
This is true, they are ruling to what they judge is in the best interest of the child. And what is mentioned could certainly be a plausible argument for it. It’s easier for a judge in Taiwan to know the current situation of the child being in Taiwan born here vs what life would be like if the foreign spouse took them away.
Well, your father is sick, what about simple visitig him with your son. When you are there, you will find out his condition is much “worse”. And tell to your husband you have to focus on your father, and financially support him, medics are expensive. In this situation you def can not help your husband with emgration.
It takes dollars to move around globe. I spent 25k usd like nothing in few months moving my wife to EU. Use soft taiwanese style approach.Do not go into conflict with them. Use soft power. This is my advice. You are good daughter in the end. And say to your husband, he has good opportunity, to focus on himself, that you understand is hard to make a buck in taiwan, but however he has to try, since is all investment for a new life in the west, where people earn more, have more holidays, bosses are less fucked up bla bla bla. Jobless people are depressive people by default. Maybe he gets a job, save dollars and come to states. Maybe toxic mother is reason for him to be a sucker too. Maybe is not too late for a marriage. But to live with a man, without job, and listen to his pathetic mother. Come on, there is more to life.
Even my parents in law are hard working and not mean or evil, actually are nice people, in the end of the day, they are conservative, and controlling like most of taiwanese folks. Sure am positive they would be in great help in taiwan, but they would take my soul for it.
I was nice to em, and everything, play their game, but first day after marriage i made distance and soon we went back to europe. You have to stand your ground. Am not by default aganst living in taiwan, but not on conditions of my wife parents. I am a man, earning my own money and hell yea i am the one, who make decisions. Sure wife is part of team, but i keep both parents, mine and hers in check, in control. My folks are also conservative, probably even more agressive, so i have a lot of experience dealing with those things.
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Since you never married in the USA and did not register your Taiwan marriage certificate at the American Institute Taiwan, you are technically considered single in the USA. If you have no intention of living in Taiwan in the future, going back to the States and starting a new life may be the best option for you. If your husband does not agree to a mutually acceptable divorce arrangement, Your chance of divorcing your husband in the court of law while winning big on your financial terms and child custody is slim. Divorce always brings out the worst in anyone and is always about money and child custody. Are you young enough to start over? Money can always be earned. Can you see yourself leaving your son for a new life? You can always have another child when you meet your next boy friend.
If you are under 30, life is still full of opportunity. Women past 35 faces an entirely different game in the singles market. Keeping yourself fit and looking good will always give you an edge and more options in life.
Are you sure about that? I seem to recall that marriage law varies by state, and administrative technicalities don’t always trump common law. For example a change of name is supposed to require paperwork, but it’s also a common law right, and there are precedents upholding the validity of name changes without the proper paperwork.
It’s probably a good idea to ask a US lawyer.
The United States has no federal record of marriages outside the IRS. Only states keep record, and even with that it’s up to the county records.
AIT does not register, certify, etc. marriages in Taiwan. Nor does it provide proof or certify marriages within the USA.
In the United States, vital records such as birth certificates, death certificates, and frequently marriage certificates are maintained by the Office of Vital Statistics or Office of Vital Records in each individual state. Other documents such as deeds, mortgage documents, name change documents, and divorce records, as well as marriage certificates for those states not centralizing these records, are maintained by the Clerk of Court of each individual county.
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You have all brought up interesting points. I’ll have to look into these. I’m definitely labeled as married on my taxes in the USA and my sons birth is registered at AIT. And I’m turning 31 since age was brought up.
Thank you! I will!
Also, don’t let being a us citizen scare you. One of my friend actually used his nationality as a benefit as he said that it provided his children more opportunities having dual citizenships staying with him along with the financial means to support them to pursue them if they choose to educate and have a career in different countries.
Pretty much yes if the parent is not the custodial parent.
I don’t think lotus425 is correct. You’re still considered married in the USA, even if it’s never registered in the USA.
You can apply for a tax ID number with the IRS for your spouse and file for divorce in the USA if you meet the requirements of the state that you file for divorce in without any kind of registration of a foreign marriage.
Louts425 is probably thinking of Asia, where that is true in a lot of countries.
Horseshit. If a couple marry overseas, then disagree in a US court as to whether they were ever married (let’s say one files for a divorce, while the other denies being married), all that would be required would be a translated, apostiled marriage record from the foreign government. Sure, every US state has its own laws, but they generally recognize marriages entered into overseas, insofar as these were legal under the law of that country. The only serious possible exceptions would be for things like polygamy or child marriage.
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Marriage law varies from state to state. Here’s the official statement from U.S. Embassy regarding validity of marriage abroad. If you never report foreign marriage to the IRS or County registry, there’s no way anyone would know about it in the USA.
Contact the embassy or tourist information bureau of the country where you plan to marry to learn about specific requirements. You can also find foreign embassy and consulate contact information in the Country Specific Information the Department of State publishes for each country. If you are already abroad, you may wish to consult with the nearest U.S. embassy or consulate.
Validity of Marriages Abroad
If you get married abroad and need to know if your marriage will be recognized in the United States and what documentation may be needed, contact the office of the Attorney General of your state of residence in the United States.
This sounds like a much better plan compared to getting into child abduction territory.
Once your child is habitually resident in the states you can initiate a divorce with a greater sense of security. Or for all you know by then you will be more happily settled. For one thing the interference of his family will be reduced, and you will probably both trust each other more.
I definitely would not would not go for the nuclear option if there is any viable alternative.
I’m guessing that they’ll know she’s married when she files for divorce in a US state court (if that’s what she decides to do). That might require some paperwork, but the probablity of a US court somehow refusing to recognize or invalidating her Taiwanese marriage is remote. In almost all cases, legal marriages anywhere in the world are recognized as such in the United States.
If there is a US legal jurisdiction that doesn’t recognize overseas nonbigamous heterosexual marriages between living humans, please identify it – she probably won’t want to file for divorce there.
The IRS thing is a separate issue. She already said that she files her US taxes as a married person. US persons must accurately report their marriage status (defined as married anywhere in the world) to the IRS on their tax returns. Or so says the law.