Situation: Two foreigners have a child here. The parents are separated. One parent wishes to leave Taiwan with the child. The other is seeking a court paper that will say the child cannot leave. Once that court paper is in place, when the parent who wants to leave, goes to the airport, what will immigration do when they stop them?
[quote=“applegirl”]Situation: Two foreigners have a child here. The parents are separated. One parent wishes to leave Taiwan with the child. The other is seeking a court paper that will say the child cannot leave. Once that court paper is in place, when the parent who wants to leave, goes to the airport, what will immigration do when they stop them?
Good question and lets hope someone chimes in with the right info. I would think that the situ is not the same as a child born to one parent who is a ROC citizen. Because in this case the child will not be an ROC citizen and I dont know if the court would rule in favor of a particular parent? Interesting case. Hopefully it will work out better for the parent more able to care for the child.
It’s probably important to note if one parent has an APRC , that may weigh in favor ? The court will have to hold onto something to determine who has more rights then the other parent? That will not be easy.
Perhaps the case will have to be brought up in the nation where the baby has nationality.
I dont know for sure, but I would tend to think the other parent will not go to jail for attempting to take the child out of the country. But IF the court issues an order the child cannot leave the country, the child will likely not be able to as the child’s passport will have a note attached (its all electronic now) and the chances of being stopped are high. The parent could leave but the child will be taken into police custody where the other parent will be notified to come and get him/her.
JAYSUS! I have one piece of information: Contact AIT if you’re a Yank. If not, contact your rep. office. Or else the Community Services Centre. This is NOT something you want to entrust to the barrack room lawyers of the flob. G.E.T. A L.A.W.Y.E.R. First thing on Monday. Those places I mentioned should be able to help in that regard. You are on very very shaky ground, but you’ve made a start.
Remember that your case will most likely be an anomaly to the people you deal with here, so you’d better make sure you have tons of cash to fight this, as your post gives me the impression that both of you want the kid, one wants to leave with it and the other doesn’t.
Again, professional help is what you need.
Oooooooooh, I hope this is not your situation. A while back you posted that your g/f is married to a Taiwanese. Let’s hope that meant GOOD friend!
If you have a passport for the child and yourself so that you can leave Taiwan, they cannot stop you from leaving unless you don’t have custody. As long as you have the legitimate right to leave Taiwan, they cannot stop you. However, you need to do everything fast and secretly.
I will warn you that if you go to court, she will get custody. Even if she is a really bad person, she will get custody. My friends and I have tried. We all lost.
Good luck
That’s exactly what they did to that American bloke who had a kid with the local prostitute. US passports for him and for her. Stopped at the airport and prevented from taking the kid out of the country, despite having a court injunction and despite the slapper being wanted by Interpol for child abduction.
Well just this month a friend of mine was awarded custody of the child. He and his ROC partner ( not married, have a 2 year old girl ). Therefore she ( the child ) is a dual national. However the judge ruled that sole custody be given to the foreign father. The ROC mother lost custody.
So don’t assume that the courts favour the ROC parent over a foreigner.
Well read my post above. 
[quote=“applegirl”]Situation: Two foreigners have a child here. The parents are separated. One parent wishes to leave Taiwan with the child. The other is seeking a court paper that will say the child cannot leave. Once that court paper is in place, when the parent who wants to leave, goes to the airport, what will immigration do when they stop them?
Will the offending parent go jail or what??
And the child, what will happen at the airport to the child?? [/quote]
Offending parent may also be refused permission to leave if a court has been notified. The child will be returned to one of the parents until the matter is decided. Arrest is not liley except where that person is trying to defy a court order.
I would also assume that trying to leave without the other parent’s knowledge, and then being caught doing so, would badly damage your case in any future custody hearings. The parent who tried to leave with the child would very likely be considered unreliable, and a judge would probably consider that there is a risk of kidnapping if joint custody is granted.
Just an idea…How about nobody posts until the OP actually comes back and says something?
You are assuming a lot. No parent would be stopped leaving with a child unless a court order was already in place. Also children can travel by themselves as well.
It is not illegal for a parent to leave with even if separated from their partner. this is why there are so many instances especially where no court orders are in place or two different countries have opposing orders in place, or the child has dual nationality and holds different passports, sometimes with different names.
The OP mentioned seeking a court order. If a court order was not in place then the other parent could leave. Perhaps this is what the OP is trying to prevent. Separated is not the same as divorced and can lead to many copmlications.
Also both parents would have signed the passport application for the child.
Read the OP’s question. He asked if
In the cases I’ve known of in Taiwan and HK, when one or both parents are not local and custody has not been determined yet, then judges will order that the child cannot leave the jurisdiction or country without doing one or a combination of the following: