Printer friendly version
Email
International Parental Child Abduction
Taiwan
DISCLAIMER: The information in this flyer relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.
GENERAL INFORMATION: Taiwan is not a party to the Hague Convention on the Civil Aspects of International Child Abduction; nor are there any international or bilateral treaties in force between Taiwan and the United States dealing with international parental child abduction. American citizens who travel to Taiwan place themselves under the jurisdiction of local courts. American citizens may wish to consider this before planning a trip to Taiwan with dual national children.
CUSTODY DISPUTES: In Taiwan, parents who are legally married share the custody of their children. If they are not married, by law the custody is granted to the mother unless there are known facts of inappropriate behavior, mental or social problems.
ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are enforceable in Taiwan. Custody court orders are placed on the Household Registry. If a court order is violated, the custodial parent can submit a complaint to the police to have them enforce the court order.
VISITATION RIGHTS: In cases where legal custody has been granted and the judgment has been rendered, the non-custodial parent can petition the court for visitation rights within the court ordered decision or come to a verbal agreement with the custodial parent.
DUAL NATIONALITY: Dual nationality is recognized under Taiwan law.
PASSPORT APPLICATIONS FOR MINORS: A person applying for a U.S. passport for a child under 16 must demonstrate that both parents or legal guardians consent to the issuance of a passport to the child or that the applying parent has sole authority to obtain the passport. This law covers passport applications made at domestic U.S. passport agencies in the United States and at U.S. consular offices abroad. Exceptions to this requirement may be made in special family circumstances or exigent circumstance necessitating the immediate travel of the child. The purpose of the new requirement that both parents' consent be demonstrated is to lessen the possibility that a U.S. passport might be used in the course of an international parental child abduction.
CHILDREN'S PASSPORT ISSUANCE ALERT PROGRAM: Separate from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children's names be entered in the U.S. passport name-check system, also know as Children's Passport Issuance Alert Program (CPIAP). A parent or legal guardian can be notified by the Department of State before a passport is issued to his/her minor child.
TRAVEL RESTRICTIONS : No exit permits are normally required to leave Taiwan on a U.S passport with evidence of legal entry. However, in the case that a replacement U.S. passport is issued to an American who entered Taiwan on a U.S. passport which was subsequently lost or stolen, then an exit permit must be obtained from the Foreign Affairs Police. Taiwan also insists that anyone who in a Taiwan passport holder enter and leave Taiwan on that passport. If Taiwan citizens, including minors, attempt to leave Taiwan on valid foreign passports or other travel documents, they will be stopped by Taiwan Immigration at the port-of-exit and refused permission to depart until they have obtained a valid Taiwan passport. A custodial parent also may ask that a child’s name be placed on a watch list and not be allowed to depart Taiwan without the custodial parent’s permission.
CRIMINAL REMEDIES: For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation (FBI). Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) at http://www.ojjdp.ncjrs.org.
Persons who wish to pursue a child custody claim in a Taiwan court should retain an attorney in Taiwan. In the absence of diplomatic relations, the American Institute in Taiwan (AIT) conducts unofficial relations between the people of the United States and the people of Taiwan. The American Institute in Taiwan maintains a list of attorneys willing to represent American clients. A copy of this list may be obtained from the American Institute of Taiwan at:
|
American Institute in Taiwan |
*The workweek for the American Institute is Monday through Friday from 8:00AM to 12 Noon and 1:30PM to 3:30PM.
Questions involving Taiwan law should be addressed to a Taiwan attorney or to the Economic and Cultural Representative Office
of Taiwan in the United States at:
|
Taipei Economic and |
For further information on international parental child abduction, contact the Office of Children's Issues.
|
Office of Children''s Issues |
The Department of State has general information about arranging for consular visits to abducted children, hiring a foreign
attorney, service of process, enforcement of child support orders, and international enforcement of judgments, which may supplement
the country-specific information provided in this flier. In addition, the Department of State publishes Country Specific Information
(CSI) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political
situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American
citizens that is not addressed in the CSI for that country, the Department of State may issue a Travel Alert alerting U.S.
citizens to local security situations. If conditions in a country are sufficiently serious, the Department of State may issue
a Travel Alert or Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available
on www.travel.state.gov .
