+1
or, is this the conclusion of the highest court? The lawyer should have recommended her to appeal.
If money is a matter, if she is not in Taiwan, it might not work, but at least, it does not hurt to consult with LAF.
Yes I believe that is true. The mother has a say in stating who the father is. If she doesn’t state the father is so and so, that person will have to go to court to prove his paternity through dna.
So if she refuses to name the father she may have a chance to bring the child out of Taiwan and retain full custody. Subject to the father bringing his lawyers involved and delaying her departure with the child until DNA testing can reveal if the father is in fact the father.
So I guess that the best thing would have been to leave Taiwan with the child ASAP after she is born. Of course that depends on if the Thai embassy would have issued a passport to the child.
And no challenges from the Taiwan side.
She is determined to fight for her daughter. I told her not to worry but to fight for what is right. You cant attach a monetary value to a case like that.
The other side is so cocky he doesnt even have a lawyer.
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Ok thank you. I will suggest the LAF to her.
No it is not the highest level of court. The visitation ruling was given last week by the family court in Banqiao.
The next court date(probably in Sept) will decide if she gets to take full care of daughter. We are exploring other options now since there is like a 1.5months window timeframe.
Ok after reading this, the court may determine that the father is indeed the father because the mother went to live with the “father” and his family after the birth of the child. That is a tacit acknowledgement that the "father " is in fact the father.
The problem is when the Taiwanese family mistreats a foreign mother and kicks her out of the house. Had the mom been taiwanese, I am sure the authorities would be knocking down the door. So this is a grave injustice ! The thai lady should seek the help of any institutions in taiwan that protect the rights of Thai people.
Unfortunately though her rights as a non national may not be the same as a national. Taiwan has laws and interpretation of laws that may be quite backwards. And does not practice equality and justice for all.
IF the mother was Taiwanese and was shut out of the house where she is staying with her boyfriend and assumed father of her child the police will be there to knock down the door. And the battle of the families will go to court.
Being a thai person, she does not have equal rights under taiwan law. Sad but true. STill she should put up as big a stink as possible and enlist the help of any organizations she can get !!
The foreign side does NOT always lose!
Take this case
https://www.youtube.com/watch?v=_yYgthTworAdy battle
Intense custody battle where the brazilian grandma won her case to have her grandchild returned to brazil. There were no winners in this case. And the poor guy lost both his mom and his dad when he was just a wee one
Yes thank you Tommy. You have just echoed her sentiments. She feels that because she is a foreigner, her rights as a mother is swept aside in this case.
We will continue exploring all forms of aid for non Taiwanese. She says she is prepared to go to the media again should the need arises.
Having said all these…i thank everyone for your constructive input.
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she may have already known, but there is a deadline to make an appeal, so just in case she has not done it yet, she needs to check the date.
is she still in Taiwan or already left? If she is in Taiwan, new immigrant center might give some help or they might be able to suggest possible aids she could get. She had been kicked out from her home, so it might be a domestic violence or something like that, if she could get a testimony from the neighbor.
She has already left as she needs to work. She only goes to Taiwan from the 10 to the 16th of every month.
Sad case where the adults are not acting as adults and in the interests of the child. Who really will only ever have one “real” mom and dad and is lucky that both are alive. That child should not be deprived of either of her “real” mom or dad. Everyone should work together in the interests of the child.
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have you or she talked with the lawyer on appeal? The time limit may be 10 days or 20 days, so if not yet, she may need to hurry.
Some organizations working for human rights, especially for SEA spouses, such as transasia sisters association, laf, new immigrants center, etc., may have many experiences of similar cases and might know good lawyers.
Contacting to some lawmakers might help too. Some names I found who might help her are 民進黨籍立委(DPP): 蔡培慧、黃國書、陳其邁, and 國民黨籍立委(KMT): 林麗蟬、蔣萬安. Contacting them could help nothing, but at least it may not do any harm too.
蔡培慧
黃國書
陳其邁
林麗蟬 She is a naturalized citizen of Taiwan
蔣萬安
Hello there.
I have already asked the lawyer when is it possible to appeal. Still awaiting reply.
Also, I have already emailed the Transister association as well as LAF. It is it the weekend so they may take some time to reply.
Thank you all once again. It is much appreciated.
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Try to fight for custody now as the child is young and needs her mom and offer visitation rights to her dad later if he cares?
Yes Mum says she will fight till the end.
Thats why I highlighted her case (with her permission) to seek more advice on what else she can do.
Latest update from her lawyer is that she has to wait until the verdict in Sept court before she can launch an appeal depending on the outcome.
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8 month update?