Best Child Visitation Lawyers in Taiwan

About Child Visitation Law in Taiwan, Taiwan

In Taiwan, Child Visitation laws are of great importance, acting as part of the child custody laws that ensure vulnerable children are protected following the divorce or separation of their parents. The country's legislative framework is designed to prioritize the best interests of the child above everything else. This could mean maintaining routine, sustained contact with both parents, or limiting contact if there are concerns about safety or well-being. It's essential to know that under Taiwanese law, both parents are generally held to have the right to visit their children, as long as it does not negatively impact the child's well-being.

Why You May Need a Lawyer

Legal counsel becomes necessary in a handful of circumstances. If there's disagreement between parents about visitation rights or schedules, if there are concerns about a child's safety, or if the custodial parent is intentionally violating the visitation agreement — in all these scenarios, a lawyer's expertise can prove instrumental. An experienced lawyer can enforce your legal rights or represent you in court and ensure that the best interests of your child or children are being recognized and upheld.

Local Laws Overview

The topmost priority under Taiwanese law is ensuring the healthy development and well-being of the child. For visitation rights, parents are typically allowed to agree mutually on arrangements. However, in the absence of an agreement, a request may be made to the Family Court to determine the schedule. It should be emphasized that under Taiwanese law, a parent denied of custody can still enjoy visitation rights, and the custodial parent is obliged to respect this right, as long as it contributes positively to the child's development and mental health. Any violation of agreed upon visitation rights or schedule can be legally actionable.

Frequently Asked Questions

1. Can the non-custodial parent refuse to return the child after visitation?

No, the non-custodial parent must respect the custody agreement, and any violation can result in legal sanctions.

2. Are overseas trips allowed during visitation?

Overseas trips are allowed with the consent of both parents and in line with the child's best interests.

3. Can the custodial parent move out of town with the child?

This is generally permissible, but the parent may need court approval, and the move should not interfere with the non-custodial parent's visitation rights.

4. Does the non-custodial parent have to pay for transportation for visitation?

This depends on the parents' agreement or the court's ruling, as costs can be divided in various ways.

5. Can grandparents enjoy visitation rights?

Grandparents’ visitation rights are not automatically recognized by Taiwanese law, but they can petition for such rights under certain circumstances.

6. Can I change the visitation schedule?

Yes, visitation schedules can be amended, but it generally requires agreement from both parents or a new court order.

7. Can any third party supervise visitation?

In cases where supervision is required or helpful, an agreed-upon third party or a professional agency can supervise.

8. What is considered a violation of visitation rights?

Denying scheduled visitation without valid reason, not returning the child on time, and long-term denial of visitation rights are all considered violations.

9. Can I refuse visitation rights?

Yes, a parent can refuse visitation rights. However, if there is a court order in place, refusing may invite negative consequences.

10. What if my child doesn't want to visit the other parent?

The child's wishes may be considered depending on their age and maturity level. An older child's disinclination may be taken into account by the court.

Additional Resources

There are several avenues to seek more information and assistance. The Judicial Yuan Legal Aid Foundation and the Legal Aid Department can offer advice and support. Non-governmental organizations like The Garden of Hope Foundation provide resources for families dealing with domestic and separation issues. The Department of Social Welfare is also a valuable resource for legal and social assistance.

Next Steps

If you require legal assistance with child visitation rights in Taiwan, consult a local attorney who specializes in family law. They can guide you through the legal process, represent you in court if needed, and provide all necessary resources and support. If you cannot afford legal services, reach out to legal aid departments or charitable foundations.