Its still kidnapping though. And it would be extremely traumatic for the child.
1 Like
Iâm not familiar with the legal definition of kidnapping/abduction, but I agree itâs a bad idea. The child is presumably not being left unattended. If the person watching the child doesnât agree to let you take him away, how would you pull it off without a physical confrontation? That sounds like a recipe for disaster.
Also, you donât know what the child is being told by its current authority figures. It could be things like âDaddyâs gone crazy and wants to kill us all. If you see him, scream for help!â
Not so long ago, there was an immigrant mother, Vietnamese iirc, on the metro with her toddler. The child was crying about something, so a local woman assumed it was a case of abduction by an evil foreigner and wouldnât let her off the train. You donât want to be surrounded by a crowd of angry islanders who think youâre stealing âtheirâ baby.
Thatâs a good question. Thereâs some confusion here about the passport situation.
The child was born in the US and is a dual citizen, and the mother took him to Taiwan using his US passport, unless someone (secretly?) got him an ROC passport in the meantime. (I donât know how tight the US system is. Would she need to forge his signature on the DS-3053?)
During the years of living together in Taiwan, was the child still âusingâ the US passport and getting a new visa every so often? Were there any trips out of and back into Taiwan?
Couldnât the child simply be on a JFRV? Or the mother put him onto her household registration as a Taiwanese national and her dependent, thereby giving him right of abode.
@yyy has a point. The child most likely entered Taiwan on US Passport.
So it would be here on a visa.
Mom probably can get a Taiwanese citizenship/passport but the child needs to leave and reenter Taiwan with a Taiwanese Passport.
If dad canceled (reported stolen) the US passport, leaving Taiwan should not be possible and the mother will eventually have a problem with immigration.
The child could be on JFRV, but only if the mother applied for appropriate visa prior to going to Taiwan. You can not change a landing visa to JFRV. I know this first hand.
@topic
I am not sure why the father would not go to police after she left US. Having a criminal case in US against the mother would be helpful. Then US Embassy could probably help.
Just going to Taiwan in good faith was not a good idea. Luckily he found her and she decided to come back together. And then the father did not plan for the future e.g. getting a JFRV visa should have been top priority.
The current situation looks grim. Father has no legal status staying in Taiwan for long, has no job/working visa, language barrier and funds are limited.
Dear MyInkIsMyArt,
I have experienced something that could give you some insights.
My ex-wife committed parental-child abduction for 189 days. I did everything I could do for those six months. The police informed me that they could not/would not get involved unless she was physically abusing the children or was a drug addict.
I filed petitions with the Court, to no avail, but later filed an injunction to see them, and a Judge finally ruled I had a right to see them.
Iâm going to cut and paste some applicable articles of the Taiwan civil code here for you to consider to use against her, for VIOLATION of your rights (custodial, legal, parental, natural rights). That may be your best way to fight back legally.
Taiwan Civil Code Article 1089, the legal right to âjointly exercise the rights to assume the duties in regard to their minor child, unless otherwise provided by law.
Taiwan Civil Code Article 1084, the legal rights to âprotect, educate and maintain their minor children.
Taiwan Civil Code Article 1086, the right to be the âstatutory agent of their minor children.
Taiwan Civil Code Article 1055, the âfriendly parentâ statute. Article 1055 includes provisions for exercising the rights and responsibilities of the care of minor children, and it clearly states, âboth the parents will exercise the rights or assume the duties in regard to the minor children by mutual agreementâ.
There are also others that Iâve found, such as:
The Convention of Rights of a Child, and Taiwanâs Protection of Children and Youths Welfare and Rights Act Articles 3 and 49, and Civil Code Articles 184 and 195!
For Article 3, âparents are responsible for the protection and education of children,â so by her taking my children away from me (or her taking your right), she also violated that right.
Anyway, I have TONS of information for you. If youâre able to contact me offline, please do. I have been through hell for three years, and I am not giving up on my two children here.
2 Likes
Contact me! Iâve been through hell, and I am willing to help as much as I can.
Please contact me. Iâve been through this same hell before.