Do foreigners stand a chance, or will they be fighting a losing battle? (child custody - mother the foreigner).
It depends on one’s lawyer I suppose. That and how much dirt one has on one’s spouse.
I’ve heard that in Taiwan the father is traditionally given custody, because the child is part of the father’s family, not the mother’s. Since the mom is also a foreigner, I would guess the courts would be even more likely to give custody to the dad.
That used to be the case, but its not any longer, I don’t think.
Shit. I hope you’re not in a situation where the D word is popping into your head just a short time after having that baby. If so, consult a couple of lawyers before taking any action. Best of luck.
1 Like
The chances are that you will lose. There is a clause in Taiwan’s law that states something like if the child is of a tender age, he/she will be given to the mother. The courts follow this line of thought closely.
In the past, things were different, but since women activists have become more virulent, the laws have changed. The only way a man can get the child is if he has a lot of power. I’ve personally witnessed this. The police wouldn’t touch him and the courts were scared of him. Thus, he got custody of his child without any questions.
[quote=“cipos”]The chances are that you will lose. There is a clause in Taiwan’s law that states something like if the child is of a tender age, he/she will be given to the mother. The courts follow this line of thought closely.
In the past, things were different, but since women activists have become more virulent, the laws have changed. The only way a man can get the child is if he has a lot of power. I’ve personally witnessed this. The police wouldn’t touch him and the courts were scared of him. Thus, he got custody of his child without any questions.[/quote]
Um, the OP is a woman.
This is an important thread to me, too. I’ve left Taiwan for the very reason that I was worried about losing my son to my husband in a divorce. I’d be back in Taiwan in a moment if I thought I could be there and not chance my son.
1 Like
Well, I guess it all depends on how man and wife are going to end their marriage, right?
I mean, if they split peacefully and husband give full custody over to the (foreign) mother, is no biggie??
It’s only when the man (or woman) wants to fight or have issues with the divorce, you need to get a lawyer…or like housecat, run away 
(housecat - aren’t you scared of being accused of kidnapping?)
Where is the OP, fu xiao? I’ve wondered how she and her little one are doing.
[quote=“tinster”]Well, I guess it all depends on how man and wife are going to end their marriage, right?
I mean, if they split peacefully and husband give full custody over to the (foreign) mother, is no biggie??
It’s only when the man (or woman) wants to fight or have issues with the divorce, you need to get a lawyer…or like housecat, run away
(housecat - aren’t you scared of being accused of kidnapping?)[/quote]
No. I didn’t “run away,” exactly. I told him I was going. He was happy to see me go. He signed over, in witness of a notary, power of attorney giving me “permission” to take our son with me and making me his legal guardian. I’m silly a lot, but I’m nobody’s fool.
1 Like
[quote=“housecat”][quote=“tinster”]Well, I guess it all depends on how man and wife are going to end their marriage, right?
I mean, if they split peacefully and husband give full custody over to the (foreign) mother, is no biggie??
It’s only when the man (or woman) wants to fight or have issues with the divorce, you need to get a lawyer…or like housecat, run away
(housecat - aren’t you scared of being accused of kidnapping?)[/quote]
No. I didn’t “run away,” exactly. I told him I was going. He was happy to see me go. He signed over, in witness of a notary, power of attorney giving me “permission” to take our son with me and making me his legal guardian. I’m silly a lot, but I’m nobody’s fool.[/quote]
sorry for my curiosity 
Let’s see… A married couple has joint custody. That means that the foreign part is entitled to take the child with him or her when leaving.
Once abroad, IE back home, the foreign party can then wait the requisite amount of time and then apply for a divorce. That should be safer than relying on a legal system not completely up to scratch.
Traditionally custody has been given to the father. However nowadays custody is usually given to the mother. This opinion is based on what my lawyer tells me, i.e that I have little chance of gaining full custody of my son as I am the father, and some internet research.
1 Like
However as a foreigner you may well be at a disadvantage, of course this also depends in your level of assets/ earnings. Just give thanks that you are not a man, so you have a fighting chance !
.
MARRIAGE IS REALLY THE END OF LOVE, freedom, privacy, self esteem !!!
Is there anyway to know for sure that a mother can win the child custody ? Any tricks or requirements ?
Baby is less than 1 year old and both parents are TWs and both want the child.
The odds 
#1-----one is rich one is penniless :
sadly mother has " nothing " no savings no income but is qualified for work and capable to earn decent income that can cover basic needs for both ;
thus will become a " working single mom + healthy retired widow mom as backup nanny"
Against a " full time jobless father + wealthy and retired in laws as backup nannies" that can provide much more than needed.
#2-----One is a smartass one is a dumbass :
Sadly mother is illiterate and unfamiliar with TW laws and history
for grew up abroad and returned just couple of years ago.
Against a super traditional family who has been around for centuries and
threats with being able to find and use people with power to favor the results in either ways , clean or dirty !
Please advice. Thanks.
1 Like
[quote=“housecat”][quote=“tinster”]Well, I guess it all depends on how man and wife are going to end their marriage, right?
I mean, if they split peacefully and husband give full custody over to the (foreign) mother, is no biggie??
It’s only when the man (or woman) wants to fight or have issues with the divorce, you need to get a lawyer…or like housecat, run away
(housecat - aren’t you scared of being accused of kidnapping?)[/quote]
No. I didn’t “run away,” exactly. I told him I was going. He was happy to see me go. He signed over, in witness of a notary, power of attorney giving me “permission” to take our son with me and making me his legal guardian. I’m silly a lot, but I’m nobody’s fool.[/quote]
If your separation was amicable, then why not divorce him? That way you could move on with your life. Don’t wait until you found the next right guy before you decide to divorce him, because then your “ex-husband” will have all the leverage.
1 Like
This thread is really old and we are divorced a long time now.
hahaha my bad, I was not looking at the date of the previous post
I am a foreigner and divorced my Taiwanese husband in Taiwan in 2009. The costs were my two kids whom he took full custody of. I didn’t ask for anything except that the kids be well taken care of (his family is rich). I am currently living out of the country. He remarried in 2011. Lately, he asked for my written/notarized consent to let his new wife legally adopt the kids, stating that in case of emergencies, it is best for everyone.
I am not entirely sure what are the implications whether I consent or not. Can anyone advise me? Thanks!
1 Like