Enforcement of Child Visiting Rights

Dear All,

I am (of all professions) a European lawyer and live in Singapore. I have a 3 year old daughter in Taiwan and am divorced from the mother, who lives in Taiwan.

She is giving me a hard time regarding my visiting rights (who were set by the court, otherwise, she would not even let me see the child). In the beginning the mother would not let me come close to the little one. Now I am just following my daughter and the mother, I cannot talk to them as the mother shields the child from me and tells the child not to look at me. I fly to Taiwan every month, but my daughter still does not know, who I am. It is very sad.

Is there any Child protection agency in Taiwan, who can help me with visiting a little Child? People who could be at the visits as e.g. trained third parties? Or is there a fathers rights foundation?

Many thanks for any hints!

Sorry but no good advice right yet. But followig with interest as this situation is extremely common in taiwanese culture, and it is horrendous.

Hope someone has some ideas.

One thing to do is go to the government social services office will all your documents. They can setup stuff auch as visits. The issues i have seen here that is relative to your situation:

  1. Governemnt offices and staff vary a LOT. Some are very nice and helpful, others are filled with entitled old cunts who just hurt your cause. Same goes for courts. This regional issue will depend on where your daughters household registration is. Because you are a foreigner (?) And not residing here you cant open a case where you reside as it is out of country. If you are taiwanese i suggest moving your household registration to an area with better quality human beings sitting at the desks. If you are a foreigner with an ARC you can change your visa adress to said area and open up a file in that area. I am no expert and not qualified but have dealt with these cases before here. Can message me for my opinion on better offices if interested.

  2. If she is 3, dont wait. Once ahe hits 5ish the gov will start interviewing her. Given the situation she will be brainwashed into her moms perspective. You will lose most likely. So act now…

  3. These selfish moms who totally dominate their children, especially daughters, are seriously :crazy_face:ing them up during development. It isnt an issue of YOU seeing your daughter, it is an issue of not letting her get all :crazy_face:ed in the head. You and your ex HAVE to suck it up and stop being selfish assholes. I know, you both think it is the other that is the asshole. Think from a 3 year olds perspective and move from that direction out, not from an adults perspective and hate inwards.

Your daughter will almost surely grow up :crazy_face:ed up otherwise…sorry… Its the hardeat thing to accept and amend, but its the also the most important, otherwise the parents are just being selfish twats out for their own means, in which case no help is deserved.

Play the long game, but start planning everythung yesterday. The deck is stacked against you, and that assumes you are a good person and dad…

4 Likes

I’m not sure if they can do something for your case, but

Q: 我可以禁止前夫來探視孩子嗎?
A:
關於前夫探視權的行使,如果前夫的行為有不當,對未成年子女有害,監護權人有權利制止,拒絕探視。若前夫要求探視子女,建議可以事先請社會局或其他福利機構安排時間,指定前夫與子女會面之時間地點,由客觀公正之第三者在場監督。或雙方無法協商與子女會面或交往方式,導致您必須拒絕前夫探視子女,您的前夫可依民法第一千零五十五條第五項規定,向法院提出聲請,由法院酌定與子女會面或交往方式及期間。

Q: 離婚後,對方一再阻撓我跟孩子見面我該怎麼辦?
A:
夫妻雙方離婚後,監護權及探視權皆詳載於離婚協議書或判決書後,雙方應依約定履行權利義務不得違約,以免影響子女之利益。有監護權之一方如無故不給有探視權之一方探子女,有探視權之一方,可向法院主張權利,請改定監護權或酌定行使對未成前子女權利義務之內容及方法。
或有監護權之一方,若未盡保護、教養未成年子女之權利義務時或濫用權利,拒絕有探視權之一方探視子女時,可依民法1055條第三項之規定,請求法院改定監護權。

5 Likes

Dear Explant,

Many thanks for your thoughts. You are describing the situation spot on - it is almost scary.

I have no illusions about my chances, but I will pursue another court hearing to enforce my visiting rights. Even if I fail, it will be important O can show my daughter (if she is ever interested) that I was fighting for seeing her and that I did not abandon her.

But I do worry very much about her psyche and well being.

Kind regards and thanks again!

Thank you Tando, I will definitely check them out.

Kind regards! :pray:

Any updates? Im having issues with my exwife not following An agreement made in tw court and enforcement denied because of the child wishes.

In my case nothing was written about child’s wishes but in fact it was the only factor for denial . Im no lawyer but i see rules as black and white.

Any luck with finding any good lawyers in taiwan?

Any luck with finding any support groups for foreign men with women that dont share children?

Thanks

Hi Robbie,

sorry for my late reply. For me the situation is a bit more complicated, as I live in SGP and need to travel to Taipei for my visits.

I sued now the third time for enforcement of my visiting rights at the family court. Technically this is an inquiry about visiting rights, which the family court starts and is triggered by me. It costs me around USD 2’000. The next court date is early November and I hope it goes all well.

A good sign is that the court apparently mandated a social worker to investigate the case. She contacted my lawyer and mentioned that ongoing the visits could be accompanied by a social worker, who supervise the interactions and can make sure I can one day see my daughter alone.

I was immensely positively surprised that Tawian has such an elaborate system in place.

Happy to pass you the details of my lawyer, if you like.

Kind regards,
A.

5 Likes

Based on own experiences, I strongly advise you NOT to put that much hope into the social workers system here in TW.
Those people are actually working for a private company hired by the court. They are pretty much sided towards taiwanese locals …

There are also “family-investigators”, which are directly employed at the family-courts.
But for me it seems they only take actions in case you appeal the first verdict.

There is a big difference in my case between the reports of social worker and family-investigators. Maybe that was due to my own case, maybe that’s not the norm, so I just throw in my personal experience in here.

Good luck

1 Like

What Is about 2k ? The legal fees? Or for (sue ) taken her to court ?

Thanks for sharing bbmt! I hope they will act differently in my case but let’s see.

Hi Robbie, the USD 2k are the fees I paid to my lawyer inclusive of the court fees. I think the court fees are rather small. Not sure what fees the social department will charge for enforcement or accompanying the visits. We will see.

Kind regards,
A

1 Like

Ok i see, thats not so bad, im curious about this social worker thing.
While i was in my current (bs) agreement my ex lured me into a police station, at the time i didnt have wifi and the officers spoke not a English
He told me that a social worker was appoint or at least asked for(Possibly just poor translation)
It never materialized.

I used some Legal aid lawyer on my cases and they were both stupendously atrocious. Im thinking of paying a lawyer to see what they can do differently.

Im not good with dm”s on here but if you know how maybe send me your lawyers information
Thanks