I am going through a custody battle currently. In the case that I get full custody and want to enroll my son in public school, will he need to attend the school district that his mother’s household registration is registered or does the law allow me to enroll him where my address is registered since I would hold full custody? As a foreigner I do not have a household registration.
First of all, don’t assume that your wife won’t kidnap your son even if you win full custody. If she does kidnap him, do not assume that the Taiwanese law will be on your side. They will not actually consider that to be “kidnapping” even if you have full custody, because she was still his mother at one point.
Secondly, you would change your son’s household registration address to where he actually lives (presumably with you). This is required by law. He cannot remain on your wife’s HHR address if he doesn’t actually live there. Your case will be special because you are a foreigner, so you’ll need to go to your local HHR office and ask them what they require from you.
Finally, once you’ve done the above, then your question about school enrollment will resolve itself.
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Thanks, the court is concerned I will flee the country if they give me custody. So I had to give them my sons passports until the decision was made.
If she decides to kidnap my son, I have a very good attorney and will charge her with it. Everything has been documented so far and despite her being his mother, she doesn’t legally have the right to do that and the court has made it very clear, so far, that we both have rights to him, no matter who gets custody.
I will go speak to the local HHR office about.
Thanks
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You’re welcome, but I’ll just leave you with a warning not to assume your attorney will be successful. Or even that the police will cooperate. Just be safe and don’t let the kidnapping happen in the first place (I mean after you win custody).
There was a recent case where the wife who lost custody kidnapped her ex-son, and simply wrote a letter to the Presidential office to ask for a reconsideration of the judge’s order, and succeeded.
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As Hongkonger stated, be careful. I’ve been there done that, and while the judge was very fair and reasonable, finding someone to enforce judge’s orders was impossible.
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Thanks, I’ll discuss with my attorney how to prepare and prevent such a situation.
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As I recall, there was a case on this site where the father had joint custody or visitation, he went to the apartment and the ex wife told security to not let him in. He had a court order too. Security called the cops and instead of enforcing the order, they just enforced him to leave the premises and not return.
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No such thing as an ex-son just saying
Both parents should have the right to see their child
You recall correctly.
And it’s still going on today. The wife has lost every court case, but refuses to obey the judge’s order without repercussions. In America she would already be in jail for parental kidnapping, interfering with parental rights, and contempt of court.
Three years ago I warned him that she would ultimately try to justify her refusals to obey the judge and stop him from obtaining custody or visitation by accusing him of sexual molestation of his daughters. Yep, just happened last month!
Taiwan is awesome I tell ya! No rules, no laws, no manners, no integrity and absolutely zero standards of conduct need to be followed.
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Not if the court has ordered you to stay the hell away from your kid.
Barring, extenuating circumstances, I personally feel , sad that a parent will be denied the chance to see his or her child
Sure, but if the court has given full custody of your child to another parent and you have no visitation rights, then it’s probably an extenuating circumstance and you should probably not be seeing your child.
I’m allowed to feel that is basically unjust
How would you feel if your abusive or extremely irresponsible ex was still allowed to take your child out for the day even though you were given full custody?
If you were given full custody, and your ex was denied visitation rights, then there is probably a good reason.
That would be an extenuating circumstance where that would be a problem
Still sad that is the case though
On the list of unfortunate things that are although one may wish they are not