It is possible to enforce visitation rights but can be costly and time consuming. One way to make it easier is to make sure that your divorce agreement clearly sets out the visitation rights with as much specificity as possible (frequency, time, place, duty to notify if you move etc).
If one parent breaches the visitation agreement, the other parent can file an action to get court order for visitation at a certain time and place. You take this order to the court’s department of civil enforcement and court personnel go with you along with the police to enforce it. Failure to comply will result in a fine of NT$30,000 to NT$300,000 or detention (unlikely in practice). This is fairly technical process and would be difficult to do without a lawyer. You do need to know where the child lives. It might need to be done several times and is costly. But it can be done and Taiwanese parents successfully do it with some frequency.
TheLegal Aid Foundation can refer you to a lawyer who can help or maybe even provide subsidized legal services (most foreigners will earn too much money to meet the income test). I strongly suggest going in person to make an appointment for further counseling.
Here is the Taipei office’'s info
Add：6F., No.200, Sec. 2, Jinshan S. Rd., Da-an District, TaipeiCity 106, Taiwan
Monday~Friday AM9:00~12:30 PM1:30~18:00
Saturday AM9:00~11:00 (legal consultation is provided)
Nighttime service available in every Tuesday and Thursday until 20:00
For general cases:
Monday ~ Friday AM9:00~12:00 PM2:00~5:00
Tuesday PM 6:00~9:00
For debt clearance cases:
Tuesday PM 2:00~5:00
[quote=“pgdaddy1”][quote=“MoTi”]How often do you want to see your daughter?
(as often as possible?)
How often does your wife think you could see her?
(as less as possible?)
As I will live “nearby” my initial intention was anytime (at daytime).
But I admit, thats impossible, so I thought around every 3 days.
She suggested once every 2nd weekend.
I guess we will meet in the middle, thus every weekend 1 (full) day.
Sounds reasonable, however still so sad …
Again, such agreement, is it worth to get notarized or is a simple
written statement with signatures, with witnesses, enough (in case …) ?[/quote]
Once every other weekend was what the court allowed me, of course my ex had no intention of letting me see him at all because she knew the court would never enforce it.
Have you actually divorced yet ? If not, then don’t until she has agreed, in writing, to the terms that you seem fair. What’s wrong with seeing your child during the week if you live nearby ? Don’t be aggressive or confrontational with your ex, that will make things worse, but make it clear to her that it is best for your child if she sees as much of both parents as possible, and if she does not agree then you will not divorce. You said you have agreed to joint custody- but you haven’t at all- only that both of you share the financial burden. Once divorced and your child is living with her, she will hold all the cards. She can decide at any time to stop you seeing your child. It happens.
The courts will never enforce any agreement that you have by the way, but at least it gives you the moral high ground should she decide to start playing nasty with you.[/quote]