The situation involves a mother, a father and two small children. The mother is a Taiwanese citizen and will become an American citizen in October. The father is an American citizen without any ties to Taiwan (no ARC). Their children are both legal American citizens, born in the United States. The entire family lives in the United States.
Recently, a feud has erupted within their marriage. The husband has done everything but legally divorce his wife, including actions and words that suggest divorce is imminent.
Now my question:
If the father files for divorce, can the mother, not yet a legal citizen of the US, gain custody of her two American children and bring them back to Taiwan to live?
(Is it possible that existing laws would prevent two legal US citizens from being given to their Taiwanese mother?)
Disclaimer: I’m very happily married. I’m asking for my Wife’s sister.
Under Taiwanese Nationality Law, as of Feb. 2000, the children with a Taiwanese mother are automatically Taiwanese citizens.
Hence, if the mother can go to a nearby ROC Representative Office in the USA, and get the passports for the children, and bring them back to Taiwan on that basis. (This would be the best procedure.)
If the mother brings them into Taiwan on USA passports, then they will undoubtedly have to leave the island again, get their Taiwanese documentation overseas, and re-enter . . . . .
Then they can get Household Registration, and become full fledged citizens here in Taiwan.
Both Taiwan and the USA recognize dual nationality. (Although in Taiwan there is the provision that you have to be “Taiwanese first” . . . . . )
Would the mother need to have permission, verbal or written, from the father in order to bring the kids back to Taiwan to live? (Would it be considered kidnapping otherwise?) (<-- As dumb as it sounds; I’m ignorant of these types of situation and problems.) :help:
If this couple, married in the US, were to divorce, would the mother’s non-US citizen status prevent (or otherwise hender) her from gaining custody of her children, even if she planned to bring them back to Taiwan to live?
How unusual - I just saw a copy of one of your books, “老外與臭豆腐”, this morning for the first time. (It was an ancient copy, all molded with faded pages.)
Taiwan is not a signatory, so Taiwan does not recognize this type of “kidnapping” . . . . . . . The children are of the mother (so to speak) so of course they could enter Taiwan and live together.
Q: If this couple were to divorce, would the mother have any legal right to custody?
A: That would be up to the judge.
Q: If the mother was to bring the children to Taiwan, the husband was to file for divorce in the USA, and the US court awarded custody to the husband, could he enforce such a ruling in the Taiwan territorial jurisdiction?
A: Undoubtedly very difficult.
[quote=“jwar”]The situation involves a mother, a father and two small children. The mother is a Taiwanese citizen and will become an American citizen in October. The father is an American citizen without any ties to Taiwan (no ARC). Their children are both legal American citizens, born in the United States. The entire family lives in the United States.
Recently, a feud has erupted within their marriage. The husband has done everything but legally divorce his wife, including actions and words that suggest divorce is imminent.
Now my question:
If the father files for divorce, can the mother, not yet a legal citizen of the US, gain custody of her two American children and bring them back to Taiwan to live?[/quote]
Yes. But unless the father is abusive or otherwise a threat to the children, why would she seek to take the children away from their father. US courts favor “Joint Legal Custody”, which generally grants one parent primary physical custodial rights while permitting the other parent very liberal visitation rights and an equal say in important decisions regarding the child/ren. If the mother gains primary physical custody rights as part of the divorce, the arrangement will likely prohibit her from taking the children far away from their father. Or, at least it should, IMO.
[quote=“Hartzell”]Under Taiwanese Nationality Law, as of Feb. 2000, the children with a Taiwanese mother are automatically Taiwanese citizens.
Hence, if the mother can go to a nearby ROC Representative Office in the USA, and get the passports for the children, and bring them back to Taiwan on that basis. (This would be the best procedure.)[/quote]
Best for the mother. Not necessarily the best procedure for the children or their father, however. If I were the father, I would notify US Customs and see if I couldn’t bar her from leaving with the children absent a Court order allowing the same.