I and my ex have a divorce agreement that has been in effect for the past 3 years. We have a 9 year old daughter together. I granted her sole pgysical and legal custody, with my visitation rights clearly spelled out, and my right to take my daughter abroad once a year also stipulated. Also the transfer of custody in the advent of death of either of us to my parents
The agreement was legally witnessed and was submitted to the relevant department upon our divorce.
I and my daughter have just returned from our first 1 month trip back home to South Africa.
My visitation time is every other weekend. And I am allowed acccess to her during the week if 24 hour notice is given. Access which is not to be unreasonably denied.
My ex has now told me that I will not be seeing my daughter for the next 6 weekends or so as she has plans which involve her going to Kenting, then to her parents, whom she goes to regularly, and some other nameless tasks that are purely an attempt to ensure my daughter is “weaned off” her increasing attachment to me. Once again I am dealing with an emotionally unstable lady who feels a need to exact some petty revenge.
I have attempted to communicate with her via her friends and people we know, she refuses to listen to them and I am at my wits end as to reasonable avenues.
I know that in South Africa a situation like this would be resolved as per the agreement and any modifications to it would only be in the best interests of the child.
While I am not a lawyert I studied private law in South Africa and am fully conversant with what happens in SA, but I would love to find an English source of Taiwanese legislation and or case law that relates to such a situation
My right to visitation also gives me the right to deny requests for changes which are not given within 5 days.
My ex refuses to take my callls and I have no way of contacting my daughter.
I have informed her ( in our last and only meeting) in front of witnesses and recorded by me) that these actions are unreasonable ,and the clear fact is that my daughter has expressed the desire to be with me on our weekends.
I have informed my ex that I will take her to court as she is in breach of my rights.
I am live in Tainan, have lived in Taiwan for 14 years and speak Chinese.
I should be clear that I am not willing to sit this one out as my relationship with my daughter is something that I value over and above any concepts of “face saving” and the like. My ex is a wonderful person, excep for the fact that she is totally dependent on her moods to determine her actions. Actions which are now harming both my daughter and my rights
Anyway this has become verbose. Any comments, suggestions appreciated.