Family Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=B0010048

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PART I GENERAL PRINCIPLES

Article 1

This Act is enacted for the purposes of ensuring proper, expeditious and integrated handling of family matters, so as to maintain human dignity, protect gender equality, seek the best interest of the minor child, and protect healthy family life in contemporary societies.

Article 2

Matters provided in this Act shall be governed by the juvenile and family court. In districts where a juvenile and family court is yet to be set up, matters provided in this Act shall be governed by the Family Tribunal of the incumbent district courts.

Article 3

The following matters belong to Category A:
1. matters concerning the determination of invalidity of marriage, or the existence or non-existence of marriage relation;
2. matters concerning the determination of the biological father of a child born after the remarriage of the mother;
3. matters concerning the determination of the existence or non-existence of a parent-child relation;
4. matters concerning the determination of the existence or non-existence of an adoptive relation.
The following matters belong to Category B:
1. matters concerning the annulment of marriage;
2. matters concerning divorce;
3. matters concerning the disavowal of paternity, or the acknowledgement of a child by the natural father;
4. matters concerning the annulment of adoption of a child or annulment of the termination of adoption of a child.
The following matters belong to Category C:
1. matters concerning claims for damages or for returning gifts that are presented for betrothal, arising from invalidity, annulment, withdrawal or violation of an agreement to marry;
2. matters concerning claims for damages arising from invalidity of marriage, annulment of marriage, divorce, or dissolution of marriage;
3. matters concerning claims in respect of compensation, allocation, division, retrieval or return of matrimonial property, as well as other claims arising from matters in respect of matrimonial property;
4. matters concerning payment of an equitable sum of money arising from the termination of an adoptive relation by a court judgment;
5. matters concerning claims for damages arising from the exercise of guardianship;
6. matters concerning claims arising from the restitution of inheritance, partition of inheritance, compulsory portions, legacy, verifying the authenticity of a will, or other claims arising from matters in respect of succession.
The following matters belong to Category D:
1. matters concerning the declaration of death by the court;
2. matters concerning the annulment of a declaration death by the court;
3. matters concerning the management of the property of an absent person;
4. matters concerning the declaration of commencement of guardianship or of commencement of assistance by a court order;
5. matters concerning the annulment of guardianship or of commencement of assistance by a court order;
6. matters concerning the designation of a guardian or of a special agent;
7. matters concerning the approval of an adoption or termination of an adoption by a court, or approval of terminating an adoption by a court;
8. matters concerning the family council;
9. matters concerning the waiver of the right to inheritance, cases where no heir acknowledges the inheritance, or other matters arising from matters in respect of succession;
10. matters concerning the designation of an executor of a will;
11. matters concerning the protective placement of a child, a juvenile or a person with disabilities;
12. matters concerning the suspension of emergency placement or compulsory hospitalization;
13. matters concerning the petition for a civil protection order.
The following matters belong to Category E:
1. matters concerning the payment of alimony arising from invalidity of marriage, annulment of a marriage, or from divorce;
2. matters concerning mutual obligation of cohabitation between husband and wife;
3. matters concerning the designation of the domicile for the husband and the wife by a court;
4. matters concerning mutual obligation between the husband and the wife to inform each other of the condition of his or her property acquired in marriage;
5. matters concerning the payment for living expenses of the household;
6. matters concerning the court order of the application of the separation of property regime for matrimonial property;
7. matters concerning changing of a child's surname;
8. matters concerning the designation of the party which exercises rights and assuming duties in respect of a minor child;
9. matters concerning handing over of a child;
10. matters concerning the declaration of suspension of parental rights or suspension of guardianship or the annulment of such a declaration;
11. matters concerning the reporting of the conditions of the property by a guardian or concerning a guardian's claim for remuneration;
12. matters concerning the manner of furnishing maintenance;
13. matters concerning the declaration of the termination of an adoptive relation.
Except as otherwise provided in the statutory law, other family matters that shall be handled by the court shall be governed by this Act.

Article 4

Where a different view exists between that of a juvenile and family court with that expressed in a binding ruling by a court other than a juvenile and family court with regard to the former court’s jurisdiction over a case petitioned to it, upon agreement between the parties involved in the said case, the juvenile and family court shall have jurisdiction.
The agreement provided in the preceding paragraph shall be evidenced in a court record or in a written document.

Article 5

Except as otherwise provided in this Act, rules on allocating the jurisdiction to hear the proceedings in the Act Governing Non-litigation Cases shall apply, mutatis mutandis, to jurisdiction over family matters; where the matter concerned is not provided in the Act Governing Non-litigation Cases, rules on allocating the jurisdiction to hear the proceedings in the Code of Civil Procedure shall apply, mutatis mutandis, to jurisdiction over family matters.

Article 6

Where a court finds itself lacking jurisdiction over a family matter before it in whole or in part, unless parties otherwise agree upon the court's jurisdiction, the said court shall rule to transfer the case to the court with proper jurisdiction either upon motion by the parties or on its own initiative. However, in the case where the said court considers it necessary to consolidate the handling of the matters concerned or where the parties have already made pleadings regarding the merits of the case, the Court may rule to handle the case itself.
Where a court finds itself having jurisdiction over a family matter before it, it may, upon motion by the parties or on its own initiative, nonetheless rule to transfer the case to another court which already has a related family matter registered with it, as long as the said court considers it necessary to consolidate the handling of the matters concerned and the parties have agreed upon the jurisdiction of the court to which the case is transferred.
An interlocutory appeal may be taken from the ruling of transfer of jurisdiction provided in the preceding paragraph.
A ruling denying the motion for transfer of jurisdiction is not reviewable.
Once the ruling of transfer of jurisdiction becomes final and binding, the court to which the case is transferred may not, on ground of non-compliance of exclusive jurisdiction, re-transfer the jurisdiction to another court. The court clerk shall annex the authenticated copies of the ruling to the dossier and forward it to the court to which the case is transferred. The court to which the case is transferred shall handle the matter in question.

Article 7

Except as otherwise provided in this Act or other statutory law, the division of jurisdiction between the juvenile and family court and the district court in the same district shall be decided by the Judicial Yuan.
The assignment of matters between the family tribunal and the civil tribunal of the same district court shall be decided by the Judicial Yuan.

Article 8

Judges handling family matters shall be selected from those who are equipped with awareness of gender equality, respect for multiculturalism and relevant knowledge, experiences and eagerness.
The rules regarding the qualification, method of selection, tenure of office and other relevant matters of judges as provided in the preceding paragraph shall be made by the Judicial Yuan.

Article 9

The procedures of handling family matters shall be conducted in a private court. However, in any of the following situations, the presiding judge or the judge shall allow a public hearing:
1. where the parties agree that a public hearing will pose no threat to the public policy or morals;
2. upon the filing of a motion by a third party who has legal interest;
3. otherwise provided in the statutory law.
In a circumstance where the presiding judge or the judge deems proper, the court may allow a party who will cause no disturbance to observe the proceedings.

Article 10

In handling a family matter, when necessary, the court may take evidence on its own initiative, taking into consideration facts not presented by the parties. Nonetheless, the above does not prejudice the circumstances otherwise provided in the statutory law.
With regard to matters involving divorce, termination of an adoptive relation, partition of inheritance, or other matters subject to the parties’ own measures, Part II, Chapter I, Section 2 of the Code of Civil Procedure regarding agreement on simplifying the issues and Section 3 regarding rules of facts and evidences shall apply, mutatis mutandis, without prejudice to any of the following situations, to which the preceding paragraph shall apply:
1. matters involving domestic violence or posing a threat to the interest of a minor child;
2. matters posing a threat of infringing the personality of the parties concerned or that of the interested parties;
3. where an obvious discrepancy exists between the facts and what the parties acknowledged or agreed to be indisputable facts;
4. where, judging from other circumstances, there might results in manifest unfairness.
Under the circumstances provided in Paragraph 1 of this Article, the court shall give the parties and the interested parties an opportunity to make a pleading through an oral argument or a statement.

Article 11

When a minor child or person who is subject to the order of the commencement of guardianship or assistantship expresses his or her will or makes a statement, the court, when necessary, shall notify the competent authorities in the municipal or county (city) governments to appoint social workers or other appropriate personnel to be present, who shall be granted opportunities to be heard.
Under the circumstances provided in the preceding paragraph, to protect the privacy and safety of the pleading parties and that of the accompanying officials, the court may take appropriate and necessary measures to provide a friendly environment for the proceedings, including conducting the proceedings in separate sessions for respective presenting parties.

Article 12

Where there are apparatus to facilitate two-way transmission of audio and video signals between the places where the parties, witnesses or expert witnesses are and where the court is that enable direct handling of the case by the court, the court, upon request and when considers it necessary, may conduct the proceedings via such apparatus.
Under the circumstance provided in the preceding paragraph, the designated location for the proceeding recorded on the summons for the related parties shall be where the said apparatus are.
The court records and other documents provided in Paragraph 1 of this Article that have to be signed by the examinees shall be transmitted by the court to the place where the examinees concerned are. The content of the court records and documents in question, after being confirmed and signed by the examinees, shall be transmitted back to the court via telefax or other technological means.
Where the court handles the matter in accordance with Paragraph 1 of this Article, the provisions of Item 2, Item 3, Item 5-1 of Section 3 of Chapter I of Part III of the Code of Civil Procedure shall mutates mutandis apply.
Detailed regulations governing the handling of the matter provided in Paragraph 1 of this Article and the transmission of documents provided in Paragraph 3 of this Article shall be prescribed by the Judicial Yuan.

Article 13

Except as otherwise provided, in handling family matters, the court may order the parties or their statutory agents to appear before the court in person; alternatively, depending on the nature of the cases, the court may conduct examinations or take statements from the said parties or their statutory agents by other appropriate measures.
Where the parties or their statutory agents fail to appear before the court without a justifiable reason, Article 303 of the Code of Civil Procedure shall, mutatis mutandis, apply. Notwithstanding the foregoing, no parties or their statutory agents shall be apprehended.
Where a fine had been imposed on persons in accordance with the preceding paragraph and the said persons still fail to appear before the court without a justifiable reason upon legally summoned, the court may pose consecutive fines upon the said persons.
A person against whom a ruling provided in the two preceding paragraphs is made may file an interlocutory appeal; the execution of such a ruling shall be suspended during the time when such an appeal is still pending.

Article 14

A person who is capable of independently bearing obligations by conducting a juridical act has the capacity to represent oneself in the proceedings provided in this Act.
A minor child who is over seven years of age, except as otherwise provided in the statutory law, has the capacity to represent oneself in the proceedings provided in this Act with regard to matters concerning one’s identification and personal liberty.
A person who is not capable of independently bearing obligations by conducting a juridical act but who is nonetheless capable of proving that he or she has the capability to declare an intention, except as otherwise provided in the statutory law, has the capacity to represent oneself in the proceedings provided in this Act with regard to matters concerning his or hers identification or personal liberty.

Article 15

In handling a family matter, the court may, upon motion filed by the interested parties or on its own initiative, designates a guardian ad litem in any of the following situations:
1. where there is likely to be a conflict of interest between the person who does not have the capacity to represent oneself in proceedings and the statutory agent of the said person;
2. where the statutory agent of the person who does not have the capacity to represent oneself in proceedings is not able to perform the authority of agency or has difficulties in performing such authority;
3. where the court considers it necessary to protect the interest of the person who does not have the capacity to represent oneself in proceedings.
In situations as provided in Paragraphs 2 and 3 of Article 14, the court may on its own initiative designate a guardian ad litem.
Subsequent to the designation of the guardian ad litem in accordance with the preceding two paragraphs of this Article, the court, when considers it necessary, may revoke or modify the designation concerned by a ruling at any time.
Prior to making a ruling with regard to those provided in the preceding three paragraphs of this Article, the court shall grant an opportunity to be heard to the parties, statutory agents, the person who has been designated or other interested parties who are known to the court to be carrying out their functions. The preceding does not apply to situations where such an opportunity to be heard is difficult to be realized, poses a threat to the health of the relevant parties, or causes a manifest likelihood to delaying the proceedings.

Article 16

The court may select from those suitable persons equipped with awareness of gender equality, respect for multiculturalism and relevant knowledge in dealing with family matters who are recommended by the social welfare authorities, by employees of social welfare agencies, or by law societies, associations of social workers or other similar associations to be a guardian ad litem.
A guardian ad litem is granted the capacity, on behalf of and in the interest of the person under his or her guardianship, in performing every act with respect to court proceedings, as well as in independently filing an appeal, an interlocutory appeal, or otherwise raising an objection. Whereas an inconsistency exists between the acts of the guardian ad litem and the acts of the person who has the capacity to represent himself or herself in proceedings, the acts in question shall be those that are determined to be appropriate by the court.
The effects of the designation of a guardian ad litem are not limited to the particular court instance at which such a designation was made.
The court, upon the motion by a guardian ad litem, may make a ruling on the amount of his or her remuneration, taking into account the duty he or she has performed, the complexity of the matters, as well as all other relevant factors. The amount of the remuneration shall constitute part of the proceedings fees.
The court, when considers it necessary, may order the parties or the interested parties, within a designated period of time, to satisfy in advance the amount of remuneration provided in the preceding paragraph. Nonetheless, when an advanced satisfaction of the remuneration is manifestly difficult to be met, the national treasury may disburse all or a part of the amount of remuneration. With regard to remuneration to a guardian ad litem designated on the court’s own initiative, the remuneration due may also be disbursed in advance by the national treasury.
Detailed regulations governing the selection and designation of a guardian ad litem, the assessment of the amount of remuneration due, the satisfaction of the remuneration, as well as its advanced disbursement by the national treasury, shall be prescribed by the Judicial Yuan.

Article 17

For the purpose of ascertaining the financial situations which the parties or other interested parties are in, the court may request appropriate persons with relevant professional knowledge in the police authorities, the revenue services, financial institutes, colleges or other relevant authorities or organizations, to conduct necessary investigations.
The person so requested in accordance with the preceding paragraph shall assume the obligation to investigate.
The court shall assess the necessary expenses on the requested investigations, as well as the remuneration claimed by the persons who have conducted those investigations. The assessed expenses and remuneration shall constitute part of the total proceedings fees.

Article 18

A presiding judge or a judge may, upon motion by the parties or on its own initiative, order a family matter investigation officer to investigate facts with regard to a particular matter.
The family matter investigation officer who has conducted the investigation in accordance with the preceding paragraph shall submit a report to the court.
Unless considered unnecessary, prior to ordering an investigation in accordance with Paragraph 1 of this Article, the presiding judge or the judge shall give the parties and the interested parties an opportunity to make a pleading through an oral argument or a statement.
Prior to making a ruling, the presiding judge or the judge, taking account of matters covered by the report submitted in accordance with Paragraph 2 of this Article, shall give the parties and the interested parties an opportunity to be heard or to present their arguments. Notwithstanding the foregoing, the requirement for a hearing does not apply to situations where the privacy of the related persons or an inappropriate subject-matter is involved.
When considered it necessary, the presiding judge or the judge may order the family matter investigation officer to appear before the court to testify, on the date designated in the summons.

Article 19

Where a party or an interested party is unable to hear, is mute, or does not understand the language used in the court proceedings, the court may, upon motion by the parties or on its own initiative, appoint an appropriate interpreter, examine the concerned party in writing, or order the concerned party to make a statement in writing.

Article 20

Where expenses are incurred in the handling of a family matter, the court may order the parties, within a designated period of time, to make advance payment for the expenses. Nonetheless, when the advance payment of the expenses is manifestly difficult to be met, or as regards the expenses incurred by investigation of evidence on the court’s own initiative so as to maintain the public interest, the court may make a ruling to grant the party a provisional exemption from all or a part of the advance payment. The differences thus incurred shall be disbursed by the national treasury.
Upon making a ruling on the proceedings fees, the court shall rule on the amount of the expenses disbursed in advance by the national treasury in accordance with the preceding paragraph.

Article 21

The provisions in the Code of the Civil Procedure with regard to the disqualification of officers of the court shall apply, mutatis mutandis, to family matter investigation officer and consultants.

Article 22

The provisions in this Act with regard to the authorities of the presiding judge shall apply, mutatis mutandis, to the appointed judge in conducting a preparatory proceeding.

PART II MEDIATION PROCEDURES

Article 23

Apart from matters belonging to Category D provided in Article 3, a court’s ruling on an action on a family matter shall be preceded by a mediation proceeding.
Apart from matters requiring a service by constructive notice or a service effectuated in a foreign country, where the parties initiate an action with regard to the matters provided in the preceding paragraph, such an initiation shall be deemed to be one for mediation.
Except as otherwise provided in the statutory law, the parties may apply for mediation to precede the court’s ruling on an action with regard to matters belonging to Category D.

Article 24

Settlement reached by mediation concerning the content and method of the exercise of rights or the assumption of duties with regard to a minor child or concerning the identification of a minor child may not prejudice the interest of a minor child.

Article 25

Except as otherwise provided in the statutory law, mediation on family matters shall be under the jurisdiction of the court that has the jurisdiction to hear the proceedings of the family matters.

Article 26

In dealing with a multiple of family matters the subject-matters of which are related, the court may, upon motion by the parties or on its own initiative, order the mediation proceedings for those matters to be joined.
The Parties may, by agreement, motion to the court for a related civil matter to be joined with the family matter for mediation. Under such a circumstance, the civil matter concerned shall be deemed to be under an initiation for civil matter mediation.
With regard to the civil matter that is joined with the family matter for mediation, if it has already been registered with the court, the proceedings for that civil matter shall be suspended. Where the mediation concerned is brought to a successful conclusion, the proceedings for that civil matter shall be closed; where the mediation concerned is not brought to a successful conclusion, the proceedings for that civil matter shall resume.
With regard to the civil matter that is joined with the family matter for mediation, if it has not yet been registered with the court, and where the mediation concerned is not brought to a successful conclusion, depending on the will of the parties, the proceedings for that civil matter shall be transferred to the appropriate civil procedure or other procedures to be continued; where the will of the parties is against such a transfer, the proceedings for that civil matter shall be closed.

Article 27

Mediation proceedings for the family matter shall be conducted by a judge, who may request voluntary assistance from other agencies or organizations.

Article 28

With regard to an initiation for mediation, where a judge, in the course of conducting the mediation proceedings and out of an assessment of the nature of the subject-matters of the case, comes to the belief that the continuation of the mediation will not yield tangible benefits, the judge shall question or direct the parties so as to acquire the agreement from the applicants, which shall be the basis for a ruling to direct the case to apply the adjudicative or other procedures; in circumstances under which the applicants are unwilling for the matter to apply other procedures, the judge shall deny the initiation by a ruling.
A ruling made in accordance with the preceding paragraph is not reviewable.
Where the court makes a ruling to direct the case to apply the adjudicative procedures based upon the agreement of the applicants in accordance with Paragraph 1 of this Article, the action shall be deemed to have been initiated upon the filing of the application for mediation.

Article 29

In the course of family matter proceedings the court may, upon its own initiative, order the case to go through mediation. Except as otherwise agreed by both parties or stipulated in the statutory law, the order to submit the case to mediation shall be made only once.
Under the circumstance provided in the preceding paragraph, the original proceedings shall be suspended. Where the mediation concerned is brought to a successful conclusion or where a ruling done in accordance with Article 33 or Article 36 becomes final and binding, the proceeding shall be closed. Where the mediation is not brought to a successful conclusion or where there exists no ruling done in accordance with Article 33 or Article 36, or such a ruling, while existed, ceases to be valid, the proceeding shall be stayed.

Article 30

With regard to matters involving divorce, termination of an adoptive relation, partition of inheritance, or other matters subject to the parties’ own disposition, a mediated decision on such a family matter is reached, by the agreement of the parties, upon the entry of the settlement into the mediation record. With regard to matters involving divorce or termination of an adoptive relation, the mediated decision has to be explicitly agreed to by the parties to be effective.
A mediated decision in accordance with the preceding paragraph has the same effect as a binding decision of the court upon its being reached.
Where a mediated decision involves matters of personal identity or relationship that shall be effectuated by registration in accordance with the law, the court shall, upon its own initiative, notify the incumbent household registration office of such a circumstance.
Where a mediation is brought to a successful conclusion, the parties may, within three months from the date on which the mediated decision is reached, move for the return of two-thirds of the court costs.

Article 31

Where both parties have appeared on the date designated for the mediation session but the mediation did not yield a settlement, the court may, upon motion by one of the parties, order the case to be continued with the adjudicative procedure appropriate for the nature of the subject-matters; in such a circumstance the case shall be deemed to be brought to the court for adjudication from the date when the initiation for mediation was made. Nonetheless, the motion for postponement of the date for court session made by the other party shall be granted.
Where a mediation brought by the parties by agreement did not yield a settlement, and when a applicant initiates the action within a peremptory period of ten day following the service of an unsuccessful mediation, such an action shall be deemed to be brought to the court for adjudication from the date when the initiation for mediation was made; the same applies to a request for application of the adjudicative procedure made prior to the service of an unsuccessful mediation.
With regard to a situation where a party’s initiation of an action is deemed to be an initiation for mediation, where the mediation did not yield a settlement, except where the parties motion for postponement of the date for court session, the court shall order the case to be continued with the adjudicative procedure appropriate for the nature of the subject-matters. In such a circumstance, the case shall be deemed to be brought to the court for adjudication from the date when the original initiation of the action was made.
Paragraphs 1, 2 and 3 of this Article do not apply to a situation where there exists a ruling done in accordance with Article 33 or Article 36.
Representations or concessions made by the parties in the mediation proceedings may not be admitted as the basis for making a decision over an action initiated as a result of an unsuccessful mediation.
Where representations or concessions provided in the preceding paragraph have resulted in a written agreement on the subject matters of the proceeding, the facts of the case, the evidence or other matters that are subject to the parties’ own disposition, the parties shall be bound by the agreement so reached. The foregoing does not apply to circumstances under which the parties agree on amending the said agreement, there exist reasons not imputable to the parties, or there are other circumstances that render such an agreement manifestly unfair.

Article 32

Rules that govern the qualification, selection and designation, performance assessment, training, discharge, remuneration or other related matters with regard to mediators handling family matters shall be prescribed by the Judicial Yuan.
Mediation on family matters shall be handled by mediators who shall be selected from the appropriate persons who are equipped with awareness of gender equality and respect for multiculturalism.
Except as otherwise provided in this Act, provisions in Part II, Chapter II of the Code of Civil Procedure on the mediation proceeding shall apply, mutatis mutandis, to mediation proceedings for the family matters.

Article 33

With regard to matters that are not subject to the parties’ disposition, where the parties are very close to agreeing on their settlement or where the parties do not dispute the existence or inexistence of the transaction or occurrence that has given rise to the case, the parties may, by agreement, petition for a court ruling.
Prior to making a ruling in accordance with the preceding paragraph, the court shall take into consideration the opinions of the mediators and the reports submitted by the family matter investigation officer. The court shall also investigate facts and necessary evidence on its own initiative, and it shall grant the parties or known interested parties an opportunity to speak on the results of the investigation. The Parties’ motion for an oral argument proceeding shall be granted.
Provisions in Part I, Chapter II, Section 1 of the Code of Civil Procedure on third person intervention shall apply, mutatis mutandis, to the proceedings provided in Paragraphs 1 and 2 of this Article.

Article 34

A ruling made in accordance with the provisions in the preceding article shall state the reasons therefor.
An interlocutory appeal may be taken from a ruling made in accordance with the provisions in the preceding article; except as otherwise provided in the statutory law, the execution of the ruling shall be stayed pending such an appeal.
Provisions in Paragraphs 1 and 2 of this Article and in Paragraphs 2 and 3 of Article 33 shall apply, mutatis mutandis, with regard to the court’s decision on the interlocutory appeal.
No re-appeal may be taken from the ruling made by the appeal court, except on the grounds that such a ruling is in contravention of the laws or regulations.
Provisions in Article 486, Subparagraphs 1 to 4 and 6 of Article 469, Article 475 and Article 476 of the Code of Civil Procedure shall apply, mutatis mutandis, to the circumstance provided in the preceding paragraph.

Article 35

A ruling made in accordance with Article 33 that has become final and binding has the same effect as a binding judgment.
A rehearing action to a final and binding ruling as provided in the preceding paragraph may be initiated, applying, mutatis mutandis, provisions in Part V of the Code of Civil Procedure.
A third party whose interest is affected by a final and binding ruling made in accordance with Paragraph 1 of this Article may motion for the revocation of the original ruling, applying, mutatis mutandis, provisions in Part V-I of the Code of Civil Procedure.

Article 36

Where a mediation on matters subject to the parties’ disposition is not brought to a successful conclusion and there exists one of the following circumstances, the court shall make an appropriate ruling for the case, taking into consideration the opinions of the mediators, balancing the rights and interests of the parties, as well as considering the primary intentions of the parties and any other relevant circumstances:
1. where the parties, by agreement, motion for a court ruling;
2. where the parties, by agreement, motion for a joint ruling combining matters not subject to the parties’ disposition but are related to, in connection with, or ancillary to the original claims;
3. where the parties are very close to agreeing on their settlement and differ only on matters related to, in connection with, or ancillary to the original claims, and where the court considers it necessary to consolidate the handling of the matters concerned and has sought the consent from both parties.
Provisions in Paragraphs 2 and 3 of Article 33, Article 34 and Article 35 of this Act shall apply, mutatis mutandis, to the procedures governing the matters provided in the preceding paragraph.

PART III LITIGATION PROCEDURES FOR FAMILY MATTERS

CHAPTER I GENERAL PRINICIPLES

Article 37

Except as otherwise provided in the statutory law, provisions in this Part apply to litigation proceedings for family matters belonging to Category A, Category B, Category C in accordance with Article 3 and other family litigation matters.

Article 38

To initiate an action, a complaint shall be submitted to the court and indicate the following matters:
1. the Parties and their statutory agents;
2. the claim and the transactions and occurrence giving rise to such a claim; and
3. the demand for judgment for the relief sought.
It is advisable to indicate in a complaint the following:
1. all matters necessary for determining the competent court which exercises jurisdiction and for determining the applicable proceedings;
2. matters in the preparation of the oral argument;
3. the existence or non-existence of minor children between the parties; and
4. the existence or non-existence of other related matters pending before the court.

Article 39

Except as otherwise provided in the statutory law, a family matter action belonging to Category A or Category B in accordance with Article 3 that is initiated by one of the parties in the identification or relation that constitutes the very subject-matter of the claim shall list the counter party in the said personal identity or relationship matter as the defendant.
With regard to a case as provided in the preceding paragraph, except as otherwise provided in the statutory law, a family matter action that is initiated by a third party shall list both parties in the personal identity or relationship matter that constitutes the very subject-matter of the case as the joint-defendants; where one of such parties is dead, the claim shall list the surviving party as the defendant.

Article 40

Where the outcome of a family-matter litigation concerning matters belonging to Category A or Category B in accordance with Article 3 will involve an interest of a legal nature on part of a third party, the court shall, at a reasonable time prior to the conclusion of the oral argument proceedings for the first or second instance, serve such third parties known to the court with a written notice to inform them of the existence of the action concerned and the phase such an action is in; when the judgment is made, the court shall serve such third parties with a copy of the written judgment.
In the course of investigating whether there exists an interested party as provided in the preceding paragraph, the court, when necessary, may order the parties to provide relevant information or take other necessary measures.
The provisions in Article 56 of the Code of Civil Procedure shall apply, mutatis mutandis, to circumstances in which a third party served in accordance with Paragraph 1 of this Article intervenes in the action in accordance with Article 58 of the Code of Civil Procedure.
Where the court of the instance exclusively for legal scrutiny considers it necessary to attempt a settlement, the court may, in accordance with Article 377 of the Code of Civil Procedure, instruct the interested third parties to participate in the settlement proceedings.

Article 41

With regard to circumstances where a multiple of family litigation matters, or a family litigation matter and a family non-litigation matter, are connected in facts from which the relevant claims arise, a petition for joining the cases concerned may be made to one of the juvenile and family courts that has jurisdiction over such cases, notwithstanding the provisions in Articles 53 and 248 of the Code of Civil Procedure.
With regard to the circumstance provided in the preceding paragraph, a motion for amending or adding to the original claim, or for initiating a counter-claim, may be made prior to the conclusion of the oral pleading proceedings for the first or second instance.
Where a separate action is initiated with regard to claims the amendment of which, the addition to which, or a counter-claim to which may be made in accordance with the preceding paragraph, the court may, when considers it necessary for consolidating the handling of the matters concerned or upon agreement between the parties, upon motion by the parties or on its own initiative, consolidate the case or make a ruling to transfer the case to a court of first instance or of second instance that has the family litigation matter concerned before it at the earliest instance. Provisions in Article 6, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to such a circumstance.
Where a binding decision has been made at the time when a ruling to transfer the matter to the court becomes final and binding, the court to which the matter is thus transferred shall handle the transferred matter independently.
Where the binding decision as provided in the preceding paragraph is made by a first-instance court and the matter has been lawfully appealed to and is before a court of second instance, the court to which the matter is thus transferred shall further transfer the said matter to be dealt jointly with the appealed matter by the second-instance court that handles the appeal.
With regard to the joining of the matters by joining, amending, adding to the claims or initiating a counter-claim as provided in Paragraphs 1 to 3 of this Article, except as otherwise provided in this Act, the law governing the various matters respectively prior to their joining together shall apply.

Article 42

With regard to the multiple matters that may be joined by joining, amending, adding to the claims or initiating a counter-claim in accordance with Paragraphs 1 to 3 of Article 41, the court shall handle these matters jointly and ender a joint decision. Notwithstanding the foregoing, the court may handle the matters separately and enter separate decisions where there exists one of the following circumstances:
1. where there exists no connection between the objects of the claims or between the means of attack or defense;
2. where both parties agree that the matters should be handled separately and subject to separate decisions and the court considers such an agreement is appropriate;
3. where it is considered to be necessary that the matters should be handled separately and subject to separate decisions, judging from the nature of the matters involved.
Where the court makes a decision on the matters joined up family litigation matters and family non-litigation matters, except as otherwise provided in the statutory law, the decision shall be done in a judgment.

Article 43

Where a decision, in whole or in part, on an action transferred by a ruling of a court in accordance with Paragraph 3 of Article 41 and before the court thus transferred is premised upon whether the relevant claims in the transferred action can be sustained or upon their incompatibility with the claims in the main action, the court to which such a case is transferred may, upon motion by the parties or on its own initiative, make a ruling to suspend the litigation proceedings prior to the time at which the transfer ruling becomes final and binding.

Article 44

With regard to an appeal against a final decision of a family litigation matter or a family non-litigation matter, except as otherwise provided in the statutory law, the provisions governing the appellate procedure shall apply.
With regard to an appeal against a final judgment on a family litigation matter in whole or in part, the provisions governing the appellate procedure shall apply.
With regard to an appeal taken by a party or a third party of a family non-litigation matter against a final ruling made by a first-instance court in whole or in part, the provisions governing the appeal procedure from a ruling for such a family non-litigation matter shall apply.
Where an appeal is taken from a final judgment on a family litigation matter, the appeal shall be deemed to be an appeal taken on a judgment on matters that is based upon the legal relation ruled upon in the said family matter judgment.

Article 45

The parties may reach a settlement during the litigation proceedings on divorce, termination of an adoptive relation, partition of inheritance, or other matters subject to the parties’ own disposition. Nonetheless, a settlement on divorce or termination of an adoptive relation may only be reached by the express agreement made by both parties in person.
A settlement reached in accordance with the preceding paragraph shall have the same effect as a binding judgment upon being recorded in the settlement transcript.
With regard to a settlement involving a person’s identity which, in accordance with statutory law, requires registration, the court shall, on its own initiative, notify the household registration office of such a case.
Provisions in Part V-I of the Code of Civil Procedure on third-party opposition proceeding shall apply, mutatis mutandis, to the circumstances provided in Paragraph 2 of this Article.

Article 46

Except as otherwise provided in the statutory law, where a party has either abandoned or admitted the claim during an oral argument proceeding with regard to a matter that is subject to that party’s own disposition in accordance with Paragraph 1 of Article 45, the court shall, based upon such abandonment or admission, enter a judgment against such a party. Nonetheless, the foregoing provision shall not apply with regard to matters involving divorce or termination of an adoptive relation, where any of the following circumstances exists:
1. the abandonment or admission in question has not been stated in person by the party involved before the court;
2. the claim is joined with other claims, and a joint or consistent decision cannot be made on the matters as a whole;
3. the abandonment or admission in question is likely to prejudice the interest of a minor child, and a joint decision that incorporates protective measures for the interest of the minor child in question cannot be made.
With regard to the circumstances provided in the preceding paragraph, the presiding judge shall, prior to making a decision based upon the abandonment or admission by the parties, clarify the extent to which the interests of parties are likely to be affected by the court’s decision.
Where a party has abandoned the claim during an oral argument proceeding in person before the court with regard to a matter that is not subject to that party’s own disposition, the said party shall be deemed to have voluntarily dismissed the action. Nonetheless, the foregoing provision shall not apply with regard to circumstances where the multiple actions jointly initiated by the party are premised upon the abandonment of the claim in question.
Articles 262 to 264 of the Code of Civil Procedure shall apply, mutatis mutandis, to the circumstances provided in Paragraph 4 of Article 46.

Article 47

Upon the delivery of the complaint to the court, the presiding judge shall, taking into account the nature of the case, draw up a plan for conducting the proceedings, and designate dates for the oral argument proceedings at an appropriate time.
Except as otherwise provided in the statutory law, the means of attack or defense for the establishment of the respective cases shall be presented at an appropriate time, judging by the phase the litigation is in, prior to the conclusion of oral-argument proceedings.
Where a party has willfully or through gross negligence delayed in presenting an attack or defense so as to delay the conclusion of the litigation, the court, in making a decision on the case, may take into account the causes that might have given rise to the delay in presenting the attack or defense.
Paragraph 2 of Article 196, Paragraph 2 of Article 268-2, Article 276, Article 444-1 and Article 447 of the Code of Civil Procedure shall apply, mutatis mutandis, to circumstances provided in Paragraph 3 of Article 47 with regard to matters involving divorce, termination of adoptive relation, partition of inheritance or other matters subject to the parties’ own disposition.
In circumstances provided in Paragraphs 3 and 4 of Article 47, the parties shall be granted an opportunity to present their arguments.
Where a claim may be joined with other claims, amended, added or where a counter-claim may be made upon the parties’ statements, the court shall elucidate those circumstances to the relevant parties.

Article 48

A final and binding judgment on a family-matter litigation concerning matters belonging to Category A or Category B in accordance with Article 3 shall be legally binding on a third party. Nonetheless, the foregoing provision shall not apply to the following situations:
1. where a party whose marital relations will be affected by the outcome of litigations on a declaratory judgment on confirming the invalidity of a marriage, or on a judgment of the existence or non-existence of a marriage has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself;
2. where a party who would assert that he or she has a parental relation with a child in question depending on the outcome of a litigation on a declaratory judgment on confirming the existence or non-existence of a parental relation has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself;
3. where a child born out of wedlock who would assert that he or she be affected by the outcome of a litigation on acknowledgement of a child has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself.
Where a party provided in Subparagraphs 1 to 3 of the preceding paragraph or a third party whose interest of a legal nature is involved has been prevented from intervening in the action due to reasons not imputable to himself or herself, such a party may initiate an opposition action against the final and binding judgment to seek the revocation of the part of the judgment in question which is prejudicial to his or her interest. Provisions in PART V-I of the Code of Civil Procedure on third-party opposition proceeding shall apply, mutatis mutandis, to the foregoing circumstances.

Article 49

Where the court has reasons to believe that there is a prospect for the parties to the family-matter litigation to reach an amicable solution or the parties have come very close to a settlement, the court may suspend the proceedings for a period of no longer than six months or take other necessary measures.

Article 50

Except as otherwise provided in the statutory law, where the plaintiff to an action concerning a person’s identity or relationship has died prior to the time at which the judgment becomes final and binding, the pending action shall be deemed to be concluded.
With regard to an action initiated in accordance with Article 39, where one of the co-defendants has died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by the surviving defendant.
Except as otherwise provided, with regard to an action initiated in accordance with Article 39, where all of the co-defendants have died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by a prosecutor.

Article 51

Except as otherwise provided in this Act, provisions in the Code of Civil Procedure shall apply, mutatis mutandis, to the family-matter litigation.

CHAPTER II PROCEDURES FOR MARRIAGE MATTERS

Article 52

With regard to matters concerning determination of the invalidity of a marriage, annulment of a marriage, divorce, or determination of the existence or non-existence of a marriage, the jurisdiction to hear the proceedings exclusively belongs to the courts listed in the following:
1. the court for the place of the domicile of the husband and wife;
2. the court for the place of the joint habitual residence of the husband and wife; or
3. the court for the place of the habitual residence of the husband or the wife from whom the transactions or occurrences that gives rise to the claim take place.
Notwithstanding the provisions in the preceding paragraph, the parties may, by a written agreement, agree on the court that shall hear the proceedings.
Where either the husband or the wife has died with regard to the matters provided in Paragraph 1 of this Article, the proceedings shall exclusively be heard by the court for the place of the domicile of the deceased party at the time of his or her death.
Where the court that shall hear the proceedings cannot be determined in accordance with Paragraphs 1 to 3 of this Article, the proceedings shall be heard by the court for the place of the domicile or the residence of the defendant. Where the court for the place of the domicile or the residence of the defendant cannot be determined, the proceedings shall be heard by the court for the seat of the central government.

Article 53

Courts of the Republic of China (R.O.C.) shall have jurisdiction to hear proceedings of marriage matters in one of the following circumstances:
1. where either the husband or the wife is an R.O.C. national;
2. where neither the husband nor the wife is an R.O.C. national but they have a domicile or have joint residence within the territory of the R.O.C. for a duration of more than one year;
3. where either the husband or the wife is a stateless person but has habitual residence within the territory of the R.O.C.;
4. where either the husband or the wife has habitual residence within the territory of the R.O.C. for a duration of more than one year. Nonetheless, the foregoing provision does not apply to circumstances where a decision made by the court of the R.O.C. is manifestly likely to be unrecognized in the jurisdictions to which either the husband or the wife belongs.
The provisions in the preceding paragraph do not apply to circumstances where it is manifest that the defendant will have difficulties in appearing before a court in the R.O.C.

Article 54

When commencing proceedings on matters concerning the determination of the invalidity of a marriage or concerning the existence or non-existence of a marriage relation in accordance with Article 39, the court shall, on its own initiative, notify other parties to the marriage in question who have not been listed as parties to the proceeding to facilitate their intervention thereto; to such a circumstance, provisions in Article 40 shall apply.

Article 55

Where either the husband or the wife involving in a marriage matter is a person who is subject to an order of the commencement of guardianship, except in the circumstances provided in Article 14, Paragraph 3, the acts of litigation for such a party shall be performed by the guardians on his or her behalf; to such a circumstance, provisions in Articles 15 and 16 shall apply.
Where a guardian initiates an action that might prejudice the interests of a person who is subject to an order of the commencement of guardianship, the court shall, by a ruling, dismiss the action.

Article 56

Where a petition for amending or adding to the original claim, or for initiating a counter-claim may be made in accordance with Article 41, Paragraph 2 with regard to matters concerning determination of the invalidity of a marriage, annulment of a marriage, divorce, or determination of the existence or non-existence of a marriage, such a matter may not be the subject-matter upon which a separate action is based. Where a separate action is nevertheless initiated, the court shall rule to transfer the case to be joined with the case that is already before a court of the first or second instance, in accordance with Paragraphs 2 to 5 of Article 6.

Article 57

Where a final and binding judgment has been made on a litigation involving marriage matters, the parties may not initiate a separate action for the marriage thus covered on grounds that may be asserted in the joining-in, amending, adding to the original claim or in the counter-claim, except in the following circumstances:
1. where those grounds had not been asserted due to the lack of clarification from the bench;
2. where those grounds, although had been clarified from the bench, had nevertheless not been asserted due to reasons not imputable to the parties.

Article 58

Provisions governing the admission of facts during the proceedings or the effects of the undisputed facts shall not apply with regard to the reasons and the facts that constitute the grounds for annulment of a marriage in such a litigation, or with regard to the reasons and the facts that constitute the grounds for alleging the invalidity of a marriage or the existence or non-existence of a marriage in such a litigation.

Article 59

Where either the husband or the wife to a divorce proceeding has died prior to the time at which the judgment becomes final and binding, the pending action shall be deemed to be concluded. The foregoing shall likewise apply to an action for annulment of a marriage initiated by the husband or by the wife.

Article 60

Where the plaintiff to an action for the annulment of a marriage has died prior to the time at which the judgment becomes final and binding, in addition to being notified in accordance with Article 40, the interested parties who were entitled to initiate the identical action may, within ten days of being aware of the decease of the plaintiff, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.

CHAPTER III PROCEDURES FOR PARENT-CHILD RELATION MATTERS

Article 61

With regard to matters concerning parent-child relation, the jurisdiction to hear the proceedings exclusively belongs to courts listed in the following:
1. the court for the place of the domicile of the child or the adopted child;
2. the court for the place of the father, the mother, the adoptive father or the adoptive mother.
Where a minor child or an adopted child is listed among the defendants in the matter provided in the preceding paragraph, the court for the domicile of such a child shall have the exclusive jurisdiction to hear the proceedings.

Article 62

Where an adopted child who is a party in an action between himself or herself and the adoptive parents lacks the capacity to represent oneself in the proceeding and the adoptive parents are his or her statutory agents, the natural parents of the child shall act on his or her behalf in the proceeding; the court may also designate a guardian ad litem to act in the proceeding in accordance with Article 15.
Where the natural parents are unavailable or there are other reasons indicating that the natural parents are not suitable to act as guardians, the court shall designate a guardian ad litem to act in the proceeding in accordance with Article 15.

Article 63

An action on the disavowal of paternity shall be initiated against the husband or the wife who is not the party who initiated the action, together with the child.
An action on the disavowal of the presumed biological father shall be initiated by the child against the presumed biological father.
Where, in the circumstances provided in the preceding two paragraphs, one of the parties against whom the action should be initiated has died, the action shall be initiated against the other surviving parties; where all the parties against whom the action should be initiated have died, the action shall be initiated listing the prosecutor as the defendant.

Article 64

Where, with regard to an action on the disavowal of paternity, either the husband or the wife, or the child has died during or prior to the commencement of the statutory period within which to initiate the action, such an action may be initiated by a party whose right to inheritance might be infringed.
The action as provided for in the preceding paragraph shall be initiated within six months of the time of death of the deceased.
Where either the husband or the wife, or the child has died after initiating the action on the disavowal of paternity, a party whose right to inheritance might be infringed may, within ten days from the death of the plaintiff is known to him or her, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.

Article 65

An action on the determination of the biological father of a child born after the mother marries again may be initiated by the child in question, the mother, the spouse of the mother or the spouse of the mother in her previous marriage.
Where the action provided in the preceding paragraph is initiated by the spouse of the mother, it shall be initiated against the spouse of the mother in her previous marriage; where such an action is initiated by the spouse of the mother in her previous marriage, it shall be initiated against the spouse of the mother; where such an action is initiated by the child or the mother, it shall be initiated jointly against the present spouse and the spouse of the mother in her previous marriage; where either the present spouse or the spouse of the mother in her previous marriage has died, such an action shall be initiated against the surviving spouse.
Where, in the circumstances provided in the preceding paragraph, all of the parties against whom the action should be initiated have died, the action shall be initiated listing the prosecutor as the defendant.

Article 66

Where circumstances as provided in Article 1067 of the Civil Code exist with regard to a claim of acknowledgement of a child by the natural father, the action may be initiated listing the competent social welfare authorities or the prosecutor as the defendant.
Where an action of acknowledgement of a child is initiated by the child concerned, the mother, or otherwise by the statutory agent and the said party has died prior to the time at which the judgment becomes final and binding, the interested parties who were entitled to initiate the identical action may, within ten days of being aware of the decease of the plaintiff, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.
Where, with regard to an action provided in the preceding paragraph, the alleged natural father has died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by his successor. Where there is no such a successor or all such successors have died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by a prosecutor.

Article 67

Where a dispute exists with regard to the existence or non-existence in law of a parent-child relation or an adoptive relation and there is an immediate legal interest in acquiring a determination judgment, an action on the determination of the existence or non-existence of a parent-child relation or an adoptive relation may be initiated.
Where, with regard to an action on the determination of the non-existence of a parent-child relation, the court has obtained conviction on the facts of being the natural father on the part of the plaintiff or the defendant, which will lead to a judgment dismissing the plaintiff’s suit, the court shall clarify the facts so that the parties may motion to change the claim into one on the determination of the existence of a parent-child relation.
Prior to entering a judgment on a motion in accordance with the preceding paragraph, the court shall give the parties and the interested parties an opportunity to make a pleading through an oral argument or a statement with regard to facts relevant to the existence of a parent-child relation.
Where an action of Paragraph 1 of this Article was initiated by more than two persons or against more than two persons in accordance with Article 39 of this Act, the court shall handle these matters jointly and enter a joint decision.

Article 68

Where a minor child disputes the existence or non-existence of a blood relationship with regard to a matter concerning a parent-child relation, where considers it necessary, the court may, upon motion by the parties or on its own initiative, order the parties or the interested parties to undergo blood-type, DNA, or other medical tests within a designated period of time. Where such a motion was made by a party, the party shall make a preliminary showing on facts that are sufficient to cast doubts on the existence or non-existence of a blood relationship.
The test ordered in accordance with the preceding paragraph shall be conducted in a manner consistent with widely recognized procedures and methods in medical sciences, taking adequate care to the integrity of physical conditions, health and reputation of the persons subject to such a test.
Prior to making a ruling in accordance with Paragraph 1 of this Article, the court shall grant the parties or the interested parties an opportunity to speak.

Article 69

Provisions in Paragraphs 2 to 4 of Article 52 and Articles 53, 56, 57 and 60 of this Act shall mutates mutandis apply to matters provided in this Chapter.
Provisions in Article 54 and Article 55 of this Act shall mutates mutandis apply to actions provided in Article 62.
Provisions in Article 59 shall mutates mutandis apply to actions with regard to annulment of adoption of a child, termination of an adoptive relation, or annulment of the termination of an adoptive relation.

CHAPTER IV LITIGATION MATTERS CONCERNING INHERITANCE

Article 70

With regard to claims arising from the restitution of inheritance, partition of inheritance, compulsory portions, legacy, verifying the authenticity of a will, or other claims arising from matters in respect of succession, the jurisdiction to hear the proceedings may belong to courts listed in the following:
1. the court for the place of the domicile of the successor at the opening of the succession;
2. the court for the place of the primary property of the deceased.

Article 71

A complaint to initiate the partition of inheritance shall indicate the matters provided in Article 38, and is advisable to include the genealogical list of inheritance and the inventory of the property of the deceased.

Article 72

Where there is a dispute with regard to the right to inheritance in a litigation concerning the partition of inheritance, the court shall direct the parties about the possibilities of adding to the original claim or raising a counterclaim in the said litigation.

Article 73

Where an agreement with regard to the manner of partition of the inheritance has been reached amongst all the parties, unless there exists a circumstance to which Article 45 of this Act shall be applied, the court shall make its judgment taking full account of such an agreement.
Prior to entering a judgment in accordance with the preceding paragraph, the court shall direct the parties to make a pleading through an oral argument or a motion.

PART IV NON-LITIGATION PROCEDURES FOR FAMILY MATTERS

CHAPTER I GENERAL PRINICIPLES

Article 74

Except as otherwise provided in the statutory law, provisions in this Part apply to non-litigation proceedings for family matters belonging to Categories D and E in accordance with Article 3 as well as other family non-litigation matters.

Article 75

Except as otherwise provided in the statutory law, a motion or a statement may be made by a written or an oral pleading.
An oral pleading of a motion or a statement shall be made before a court clerk; the court clerk shall make a transcript thereof and sign therein, and include that transcript in the court records.
A pleading of a motion, either in a written statement or in a transcript of an oral statement, shall state the following:
1. the full name and the domicile or habitual residence of the applicant; where the applicant is a juridical person, an agency, or an unincorporated association, its full name, its principal office, or its office or place of business;
2. the full name and the domicile or habitual residence of the opposing party, if any;
3. the full name and the domicile or habitual residence of an interested party, if any;
4. the full name and the domicile or habitual residence of the statutory agent and of the non-litigious agent, if any, together with the relationship between the interested party and such an agent;
5. the purpose of the motion and the transaction or occurrence that has given rise to the motion;
6. the evidence necessary to prove the facts or to make a preliminary showing;
7. the annexed documents and the number of items thereof;
8. the court to which the pleading is made, and
9. the date of the pleading.
It is advisable that a pleading of a motion, either in a written statement or in a transcript of an oral statement, shall state the following:
1. the gender, date of birth, occupation, R.O.C. citizen identification number, uniform business number, telephone number, and any other details that are useful for identifying of the applicant, the opposing party, other interested parties, the statutory agent, or the non-litigious agent;
2. matters necessary for determining the competent court to exercise jurisdiction and the applicable proceedings;
3. where there are other related matters that are pending before a court, such matters.
The applicant or the agent who acts on his or her behalf shall sign the said written statement or transcript; where it is impossible for the applicant or his or her agent to sign such a document, such parties may cause another person to write their full names and impress their seals or fingerprints.
Formats of the written statement or the transcript of an oral statement provided in Paragraphs 3 and 4 of this Article shall be prescribed by the Judicial Yuan.
An interested party may transmit such a written statement to the court via telefax or other technological means. Such a transmittal has the same effect as a submission of a written statement. Detailed regulations governing the electronic transmission of a written statement shall be prescribed by the Judicial Yuan.

Article 76

After receiving the written statement or the transcript of an oral statement, in addition to ordering the applicant to submit written statements to provide details on specific matters within a designated period of time or on a designated date, the court shall expeditiously serve the copies of the said written statement or transcript of an oral statement upon parties provided in sub-Paragraphs 2 and 3 of Paragraph 3 of Article 75, and order such parties to make a statement within a designated period of time.

Article 77

The court shall notify the following persons to participate in the proceedings, unless such a notification is manifestly difficult to be made:
1. persons who shall be notified to participate in the proceedings in accordance with statutory requirements;
2. children, adopted children, parents, or adoptive parents in a parent-child relation matter;
3. persons whose rights will be infringed by the outcome of the proceedings.
The court may notify persons whose interests will be affected by the outcome of the proceedings or the relevant authorities or the public prosecutor to participate in the proceedings.
Persons provided in the preceding two paragraphs or other interested persons may move to participate in the proceedings. Nonetheless, where the court considers the criteria for such participation are not satisfied, it shall dismiss such a motion by a ruling.

Article 78

The court shall investigate facts and necessary evidence on its own initiative.
Where a court deems the claims or statements of an interested party to be incomplete, it shall direct such a party to clarify or to provide supplementary explanations.

Article 79

Provisions in Articles 41, Paragraph 1 of Article 42 and Article 43 of this Act shall apply, mutatis mutandis, to the joining-in, amending, adding to the original claim or in the counter-claim of family non-litigation matters.

Article 80

Where the applicant is not able to continue his or her participation in the proceedings due to death, disqualification or other circumstances, other persons who are entitled to file a petition may, within ten days from the happening of such a circumstance, file a declaration to assume the proceedings; notwithstanding the forgoing, the court may, on its own initiative, notify such persons to assume the proceedings.
Where the opposing party is not able to continue his or her participation in the proceedings due to circumstances as provided in the preceding paragraph, the provision of the preceding paragraph shall, mutatis mutandis, apply.
Where a matter, irrespective of being initiated by parties’ petition or on the court’s own initiative, is not assumed, the court shall continue the proceedings when deems it necessary.

Article 81

A court ruling shall be served upon a person against whom a ruling is made, as well as upon the interested parties known to the court.
The persons provided in Paragraph 1 of Article 77 may file a petition to the court for a service with the court ruling.

Article 82

Except as otherwise provided in the statutory law, a court ruling shall take effect upon its announcement, publication, service or notification by an appropriate means upon a person against whom the said ruling is made. Notwithstanding the forgoing, where an interlocutory appeal is filed in accordance with the law, the execution of such a ruling shall be suspended during the time when such an appeal is still pending.
Where a court ruling is published or notified by an appropriate means, the court clerk shall issue a certificate indicating the said appropriate means and the date of the notification and annex the certificate to the dossier of the case.

Article 83

Except as otherwise provided in the statutory law, a court may revoke or amend a ruling made by itself, where the said court deems the said ruling inappropriate and where there exists one of the following circumstances:
1. that an interlocutory appeal may not be filed against the said ruling;
2. that where against the said ruling an interlocutory appeal may be filed and an interlocutory appeal has been filed, nonetheless the case has yet been transferred to an immediate superior court;
3. that the said ruling was made on a matter that is not subject to the disposition of an interested party. Nonetheless, where the interlocutory appeal has been ruled upon by an immediate superior court, the said immediate superior court may revoke or amend the said ruling.
Where a court makes a ruling on a matter that is subject to the disposition of a an interested party, and the said ruling denies the petition, the court may not revoke or amend the said ruling in accordance with Subparagraph 1 of the preceding paragraph, unless a petition to that effect is made by the applicant.
Where circumstances have changed after the time at which the ruling concerned becomes final and binding, the court may revoke or amend the said ruling.
Prior to revoking or amending a ruling, the court shall grant an opportunity to be heard to the interested parties.
Except as otherwise provided in the statutory law, the effects of the revocation or amendment of a court ruling shall not be retroactive.

Article 84

Provisions in Article 83 of this Act shall apply, mutatis mutandis, to a mediated decision on a family non-litigation matter reached under the auspices of a court. Notwithstanding the forgoing, a ruling on a matter that is subject to the disposition of an interested party, the court may not revoke or amend the said ruling unless a petition to that effect is made by the applicant or the opposing party.
Where, in accordance with a mediated decision on a matter that is subject to the disposition of a an interested party, a party is obligated to tender a specific performance and the said performance has not been carried out, and moreover, where a change of circumstances has rendered the content of the mediated decision manifestly unfair, the court may, upon motion and by a ruling, amend the said mediated decision.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.

Article 85

With regard to a family non-litigation matter that has already been admitted, except as otherwise provided in the statutory law and prior to the time at which the substantive ruling becomes final and binding, the court, when necessary, may, either upon motion by the parties or on its own initiative, order an appropriate injunction. Notwithstanding the forgoing, with regard to a matter that is subject to the disposition of an interested party, such an injunction may not be ordered unless a motion to that effect is filed by the said interested party.
In filing a motion in accordance with the preceding paragraph, an interested party shall indicate the following: the substantive claims, the subject-matters to be covered by the injunction, and the grounds for ordering the injunction, as well as clarifying the grounds for indicating the injunction to the extent that the matters concerned are subject to the disposition of the said party.
By the injunction ordered in accordance with Paragraph 1 of this Article, the court may order the interested parties to perform a specific act, prohibit the interested parties from performing a specific act, state the status quo to be provisionally maintained, or order other appropriate handling.
No provision of security shall be required by the order indicating an injunction made in accordance with Paragraph 1 of this Article. The forgoing shall be without prejudice to the application of other provisions in the statutory law, or where the court deems an injunction necessary.
Detailed regulations governing the categories of circumstances that may be covered by an injunction, as well as the methods of ordering an injunction shall be prescribed by the Judicial Yuan.

Article 86

An injunction shall be ordered by a ruling of the court with which the substantive case is registered; where an interlocutory appeal has been taken from the ruling on the merits of the case, and the dossier of the case has been transferred to the immediate superior court, the injunction shall be ordered by a ruling by the said immediate superior court. Notwithstanding the forgoing, where, subsequent to the registration of the case, the urgency of the situation so requires that a timely injunction cannot be ordered by the court with which the case is registered or the immediate superior court, such an injunction may be ordered by a ruling of the court that has jurisdiction ratione loci for the place where the properties, the objects of the claims, or the interested parties are, and the court that makes the ruling shall immediately transfer the ruling to the court with which the case is registered or the immediate superior court.

Article 87

An injunction shall take effect upon the service or the notification of the ruling upon the persons against whom the ruling was ordered, unless, where it is manifestly difficult for such a notification to be made, the said injunction shall take effect upon the publication of the ruling.
A ruling that orders an injunction may serve as a writ of execution.
Except as otherwise provided in the statutory law, the execution of an injunction may be conducted, on its own initiative, by the court that has made the ruling ordering the injunction.
Where the ruling ordering an injunction concerns matters that shall be registered in accordance with the law, the court shall notify the competent authorities in question. The forgoing shall apply irrespective of the eventualities where the ruling becomes inoperative.

Article 88

Where an injunction is considered improper or is no longer necessary after the time at which the ruling that orders the said injunction becomes final and binding, the court may, upon motion by the parties or on its own initiative, revoke or amend the said injunction.
Unless the court considers it improper, prior to revoking or amending a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.

Article 89

Except as otherwise provided in the statutory law or otherwise ruled by the court, a ruling that orders an injunction shall be automatically inoperative under one of the following circumstances:
1. where the substantive claims have been denied by a final and binding judgment;
2. where the proceedings relating to the substantive claims have been deemed terminated out of the voluntary dismissal of the action or other grounds;
3. in so far as the differing parts between the contents of the ruling that orders an injunction, and the parts of the substantive claims that have been granted by a final and binding judgment, or the parts that have been established by the reaching of a mediation or a settlement;
4. where the ruling that orders an injunction has been revoked or amended by a final and binding ruling.

Article 90

Where there is one of the circumstances provided in Article 89, the court may, upon motion by the parties or on its own initiative, within the extent to which the ruling that orders an injunction is automatically inoperative, order the return of the prestations received or other appropriate handling. The foregoing provision does not apply to the payment for living expenses of the household or for expenses of maintenance within the limit that is necessary.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.
Provisions in Paragraphs 2 and 3 of Article 87 and in Article 91 of this Act shall apply, mutatis mutandis, with regard to the court’s ruling in accordance with Paragraph 1 of this Article.
Res judicata exists as to a claim covered by a final and binding ruling done in accordance with Paragraph 1 of this Article.

Article 91

Except as otherwise provided in the statutory law, an interlocutory appeal may be taken from a ruling that orders an injunction only by a person who is entitled to take an interlocutory appeal from a ruling that grants the substantive claims; the execution of the said ruling that orders an injunction shall not be stayed pending an appeal, unless where considered necessary, the court that originally made the ruling or the immediate superior court may order a stay of execution with or without provision of a security.
No interlocutory appeal may be taken from a ruling done in accordance with the last sentence of the preceding paragraph.
An interlocutory appeal from a ruling that denies a motion for an injunction may only be taken by the applicant.
Unless the immediate superior court considers it improper, prior to making a ruling in accordance with the preceding paragraphs, the immediate superior court shall grant an opportunity to be heard to the interested parties.

Article 92

An interlocutory appeal from a ruling that infringes the rights of the interested parties may be taken by the said interested parties.
An interlocutory appeal from a ruling that affects the public interest may be taken by the relevant competent authorities or by a prosecutor.
Where a ruling is made upon motion with regard to a matter that is subject to the disposition of an interested party, an interlocutory appeal from a ruling that denies the motion may be taken only by the applicant.

Article 93

Except as otherwise provided in the statutory law, an interlocutory appeal may be taken within a peremptory period of ten days following the service of the ruling. Notwithstanding the preceding provision, a filing of an interlocutory appeal prior to the service of the ruling shall be valid.
Where the ruling is served upon none of the persons who are entitled to take an interlocutory appeal, the time period provided in the preceding paragraph shall begin to run only from the service of the ruling upon the applicant or other interested parties.
Where there is more than one person upon whom the ruling shall be served in accordance with Paragraphs 1 and 2 above, except as otherwise provided in the statutory law, the time period for taking an interlocutory appeal shall begin to run from the first service of the ruling.

Article 94

An interlocutory appeal from a ruling made by a court of first instance on a family non-litigation matter shall be ruled jointly by judges sitting in council in the juvenile and family court.
An interlocutory appeal from a ruling made in accordance with the preceding paragraph may be taken forthwith to the Supreme Court only on ground of a manifest error in the application of statutory law.
Where a petition for amending or adding to the original claim, or for initiating a counter-claim is made prior to the conclusion of the oral pleading proceedings for the first or second instance in accordance with provisions in Article 41, an interlocutory appeal from a ruling made by a court of second instance on a family non-litigation matter shall be ruled by its immediate superior court.

Article 95

Unless the immediate superior court considers it improper, prior to making a ruling on the substantive claims, the immediate superior court shall grant an opportunity to be heard to parties whose legal interest may be affected by the outcome of its decision.

Article 96

Provisions with regard to rehearing proceeding in PART V of the Code of Civil Procedure shall apply, mutatis mutandis, to a final and binding ruling on the substantive claims made on a family non-litigation matter. Notwithstanding the foregoing provision, where there exists one of the following circumstances, no motion for rehearing may be made on the identical ground:
1. the ground for review, having been asserted in an interlocutory appeal, in a motion for rehearing, or in a motion for revoking or amending, has been overruled on ground of being meritless;
2. the ground for review, having been known but not been covered by an interlocutory appeal, or having been covered by an interlocutory appeal but not been asserted, has been overruled on ground of being meritless.

Article 97

Except as otherwise provided in the statutory law, provisions in the Act Governing Non-litigation Cases shall apply, mutatis mutandis, to a family non-litigation matter.

CHAPTER II NON-LITIGATION MATTERS CONCERNING MARRIAGE

Article 98

Provisions in Articles 52 and 53 of this Act shall apply, mutatis mutandis, to jurisdiction over matters concerning mutual obligation of cohabitation between husband and wife, designation of the domicile for the husband and the wife by a court, mutual obligation between the husband and the wife to inform each other of the condition of his or her property acquired in marriage, payment for living expenses of the household, for expenses of maintenance, for alimony, or court order of the application of the separation of property regime for matrimonial property.

Article 99

A claim for living expenses of the household, for expenses of maintenance or for alimony shall indicate the following in a preparatory pleading or a transcript:
1. the amount, duration, and the payment method of the claim;
2. the income level, property status, and other relevant information regarding the personal financial capacity of the relevant parties, evidenced by photocopies of the documents used.
An applicant who claims multiple items among the expenses provided in the preceding paragraph may combine those into a claim of a sum total or of a minimum amount; where the claims or statements are unclear or incomplete, the court shall direct such a claimant to clarify or to provide supplementary explanations.
Where an applicant claims for the minimum amount in accordance with the preceding paragraph, he or she shall supplement the claims prior to the conclusion of the proceedings. Where the claimant fails to supplement the claims, the court shall inform the claimant that he or she may so supplement the claims.

Article 100

In determining the amounts, the bearers, the methods or the portions of sharing of payment for living expenses of the household, for expenses of maintenance or for alimony, the court may take into account all the relevant circumstances, and is not bound by the claims made by the applicant.
With regard to payment in the preceding paragraph, the court may, upon motion by the parties or on its own initiative, order it to be made in one lump sum, in installments, or in periodic fixed amount, and with provision of a security when necessary.
Where the court orders the payment to be made in installments, it may determine the extent or conditions where the subsequent installments become due upon a default of performance of one installment.
Where the court orders the payment to be made in periodic fixed amount, it may determine the extent or conditions where the benefit of periodic payment is lost and the amount that shall be paid in addition, which shall not exceed half of the fixed amount.

Article 101

Where, during the litigation proceedings relating to the substantive claims, the applicant and the opposing party have reached a settlement with regard to matters provided in Article 98 or other matters subject to the parties’ own disposition, the settlement shall have the same effect as a binding judgment upon being recorded in the settlement transcript.
The applicant and the opposing party may not, in accordance with the preceding paragraph, reach a settlement with regard to matters that, though subject to the parties’ own disposition, are nonetheless not covered under the subject matters of the proceedings, unless filing a petition for amending or adding to the original claim, or for initiating a counter-claim.
Where the applicant and the opposing party have reached an agreement with regard to matters other than those provided in the preceding two paragraphs, the court shall, after considering the content of such an agreement, enter an appropriate judgment.
Where there are grounds for nullifying or revoking a settlement provided in Paragraphs 1 or 2 of this Article, the applicant or the opposing party may move for continuing the proceedings of the original action, to which Article 380, Paragraph 3 of the Code of Civil Procedure shall, mutatis mutandis, apply.
A third party whose legal interest has been adversely affected by a settlement provided in Paragraphs 1 or 2 of this Article may move for revoking or amending the parts that so adversely affected his or her legal interest, to which provisions in Part V-I of the Code of Civil Procedure relating to third-party opposition proceeding shall, mutatis mutandis, apply.

Article 102

Where terms and conditions in a binding judgment or a settlement regarding payment for expenses provided in Article 99 have yet to be realized, and are manifestly unfair due to a fundamental change of circumstances, the court may, upon motion by the applicant or the opposing party, modify the said terms and conditions in the binding judgment or the settlement.
Prior to entering a judgment in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to a relevant party.

Article 103

Where, as for the proceedings of action provided in Article 99, a relevant party disputes the legal relations on which the claims are based, the court shall direct the said relevant party that he or she may move for his or her claims to be joined with the action and covered by a single judgment.
Where a relevant party moves for his or her claims to be joined in accordance with the preceding paragraph, the court shall make a ruling that litigation proceedings for family matters shall be applied and the presiding judge shall continue adjudicate the case, unless the relevant parties agree that non-litigation proceedings for family matters shall apply.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.

CHAPTER III NON-LITIGATION MATTERS CONCERNING PARENT-CHILD RELATIONS

Article 104

With regard to non-litigation matters concerning parent-child relations in the following, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or habitual residence of the child; in case that the said child does not have a domicile or a habitual residence, the jurisdiction to hear the proceedings may be exercised by the court for the place where the child currently resides, if the court considers appropriate:
1. matters concerning claims of maintenance of the minor child, determination, change, or modification of the exercise of rights or assumption of obligations with regard to the minor child, or determination of the exercise of rights or assumption of obligations with regard to essential matters of the minor child;
2. matters concerning the change of the surname of the minor child;
3. matters concerning the cessation of the exercise of the parental rights;
4. matters concerning the designation of a special agent for the minor child;
5. matters concerning the handing over of a child;
6. other matters concerning parent-child relations.
Where the number of the minor children concerned is more than one and their domiciles or habitual residences do not locate in the jurisdiction ratione loci of one single court, the courts that have the jurisdiction ratione loci may exercise concurrent jurisdictions.
Where the court finds matters provided in Paragraph 1 of this Article meritorious, the proceedings fees shall be borne, jointly or severally, by the parents of the minor child.

Article 105

Where the subject-matters of a non-litigation matter concerning parent-child relations are related to a litigation concerning marriage or parent-child relations which has independently been pending before a court, the court shall, except as otherwise provided in the statutory law, order the said non-litigation matter to be joined with the said litigation concerning marriage or parent-child relation before the court of the first or second instance.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph. The court to which the non-litigation matter concerned is transferred shall handle the said non-litigation matter and may not re-transfer the matter.

Article 106

In assessing the best interest of the minor child, the court may consult the competent authorities or the social welfare authorities, seek the assistance of such authorities in visits or investigations; the said competent authorities shall record the results of the visits or investigations in reports, accompanied by concrete recommendations.
Prior to making a decision taking into account the investigation reports in accordance with the preceding paragraph, the court shall grant the interested parties opportunities to be heard. Notwithstanding the foregoing provision, the requirement for a hearing does not apply to situations where the privacy of the related persons or an inappropriate subject-matter is involved.
The court, when necessary, may notify the relevant personnel from the competent authorities or the social welfare authorities to be present at a designated proceeding, who shall be granted opportunities to be heard.
Under the circumstances as provided in the preceding paragraph, the court may take appropriate and necessary measures to protect the privacy and safety of the relevant personnel from the competent authorities or the social welfare authorities.

Article 107

In determining, changing, or modifying the exercise of rights or assumption of obligations by parents with regard to the minor child, the court may: order the handing over of the child; order that a party shall tolerate the taking of the child by the other party; determine the manner or duration of meeting or interact with the minor child by the parent who does not exercise rights or assume obligations; order payment for expenses of maintenance; order handing over identity documents or other property; or order other appropriate measures, specifying necessary detailed requirements.
Provisions in Articles 99 to 103 of this Act shall apply, mutatis mutandis, to ordering of payment for expenses of maintenance provided in the preceding paragraph.

Article 108

Prior to making a decision on matters provided in the preceding article or on other non-litigation matters concerning parent-child relations, the court shall, taking into account the physical and mental conditions of the minor child including the age and the capability of discernment, direct the parties to notice the implications of the forthcoming decisions, by an appropriate means within or without the court room, so as the parties may have an opportunity to express their will or state their opinions. If necessary, the court may seek the assistance from experts in child or adolescent psychology or in other relevant fields.
The provision in Paragraph 3, Article 17 of this Act shall apply, mutatis mutandis, with regard to the remuneration payable to the experts in child or adolescent psychology or in other relevant fields provided in the preceding paragraph.

Article 109

Notwithstanding the fact that the minor child himself or herself is not a party in proceedings on matters concerning the exercise of rights or assumption of obligations with regard to the minor child, the court, for the best interest of the minor child, may when necessary, upon motion by the parents, the minor child, the competent authorities, the social welfare authorities, or other interested parties or on its own initiative, designate a guardian ad litem to act in the proceeding.

Article 110

In the course of proceedings on matters provided in Article 107 or other non-litigation matters concerning parent-child relations, where the parents reached a settlement on matters that are subject to their mutual agreement and the settlement so reached is in the best interest of the minor child, the court shall record the content of the said settlement in the settlement transcript.
The provisions in Articles 101, 102 and 108 of this Act shall apply, mutatis mutandis, with regard to the preceding paragraph.

Article 111

In designating a special agent for the minor child, the court shall take into account all evidence that it can find in time.
Prior to making a ruling with regard to designation in accordance with the preceding paragraph, the court shall consult the person who might be so designated.
A ruling with regard to designation in accordance with the preceding paragraph may record the types of matters and the scope of authority that are delegated to the special agent.
A ruling in designating a special agent shall take effect upon the service of the ruling upon or being notified in open court to the person who is so designated.
To protect the best interest of the minor child, the court may when necessary, upon motion by the parents, the minor child, the competent authorities, the social welfare authorities, or other interested parties or on its own initiative, re-designate a special agent.

Article 112

The court, upon the motion by a special agent, may determine the amount of his or her remuneration, taking into account the following:
1. the grounds the special agent is designated;
2. the efforts paid into carrying out the functions of such a special agent;
3. the assets of the minor child and of the parents;
4. the relation of the special agent with the minor child.
Except as otherwise provided in the statutory law, the remuneration provided in the preceding paragraph shall be borne by the minor child. Notwithstanding the foregoing, where the designation of a special agent has been made for reasons arising from the parents, the court may, taking into account all the relevant circumstances, order the parents to bear the remuneration in whole or in part.

Article 113

The provisions in this Chapter shall apply, mutatis mutandis, to matters concerning the exercise of rights or assumption of obligations with regard to the minor child where the parents do not continue their cohabitation for more than six months.

CHAPTER IV MATTERS CONCERNING ADOPTION

Article 114

With regard to matters concerning recognition of adoption, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopter or the adoptee; where the adopter does not have a domicile in the territory of the R.O.C., the jurisdiction to hear the proceedings may be exercised by the court for the place of the domicile of the adoptee.
With regard to matters concerning recognition of the termination of adoption, approval of the termination of adoption, or declaration of the termination of adoption, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopted child.

Article 115

Except as otherwise provided in the statutory law, with regard to matters concerning recognition of adoption, the adopter and the adoptee shall be jointly listed as the applicants.
The application for recognition of adoption shall, in a preparatory pleading or a transcript, indicate the adopter and the adoptee, the biological parents of the adoptee, and the spouse of the adopter or the adoptee.
The application provided in the preceding paragraph shall be accompanied by the following documents:
1. the contract for adoption;
2. National I.D., Household Registration Form, passport or other I.D.;
It is advisable that the application provided in the preceding paragraph be accompanied by the following documents:
1. where the adoptee is a minor, documents evidencing the occupation, health or relevant assets of the adopters;
2. where the adoptee is one party of a couple, the document showing the consent of the other party of the couple. Nonetheless, the forgoing is not applicable to circumstances provided in the last sentence of Article 1076 of the Civil Code;
3. the document showing the consent of the parents of the adoptee who has been notarized. Nonetheless, the forgoing is not applicable to circumstances provided in the last sentence of Paragraph 1 and the last sentence of Paragraph 2 of Article 1076-1, and Paragraph 3 of Article 1076-2 of the Civil Code;
4. where the adopter or the adoptee is a foreign national, the document showing the conformity of the adoption concerned with the relevant domestic law;
5. the assessment report of the adoption and giving for adoption issued by a matching agent who has conducted visits and investigations.
Where a document provided in the preceding paragraph is made outside the territory of the R.O.C., it shall be verified and certified by an R.O.C. embassy or mission abroad; where such a document is in a foreign language, it shall be accompanied by duly authenticated Chinese translations.

Article 116

Prior to deciding on recognition of a minor to be adopted, a court may designate a period of time for the minor to live in the household of the adopter and to take account of the outcome; for such a period, the adopter shall exercise the rights and assume the obligations on behalf of the minor.

Article 117

A court ruling on recognition of adoption shall take effect upon its becoming final vis-a-vis the applicant and the persons covered by Article 115 Paragraph 2.
The authenticated copies of a ruling on recognition of adoption shall state that the ruling shall take effect upon becoming final.
Provisions in the preceding two paragraphs shall apply, mutatis mutandis, to matters concerning recognition, approval of an adoption or declaration of termination of an adoption.

Article 118

Where the biological parents of the adoptee are minors themselves and have yet to enter into marriage, prior to deciding on recognition of an adoption, a court shall grant the said minor parents as well as their statutory agents opportunities to be heard. Nevertheless, the foregoing shall not apply to situations where the circumstances render it manifestly difficult to be realized.

Article 119

Provisions in Articles 106 and 108 of this Act shall apply, mutatis mutandis, to matters concerning adoption.

CHAPTER V MATTERS CONCERNING GUARDIANSHIP OF MINORS

Article 120

With regard to the following matters concerning guardianship of minors, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the minor concerned; where the said minor does not have a domicile or a habitual residence, the jurisdiction to hear the proceedings may be exercised by the court for the place where the minor currently resides, if the court considers appropriate:
1. matters concerning designation, re-designation, or changing of a guardian for a minor;
2. matters concerning reporting of or submissions by the guardian;
3. matters concerning the resignation of a guardian;
4. matters concerning the determination of the rights exercised by a guardian;
5. matters concerning the determination of the remuneration of a guardian;
6. matters concerning the designation of a special agent for the ward;
7. matters concerning the authorization of an action taken by the guardian;
8. matters concerning the handing over of a child;
9. matters concerning damages out of guardianship;
10. other matters concerning guardianship of minors;
Provisions in Article 104, Paragraph 2 and 3 and Article 105 of this Act shall apply, mutatis mutandis, to matters covered in the preceding paragraph.

Article 121

Where in a matter concerning damages out of guardianship the price or value of the subject matters of the proceeding exceeds the minimum amount under which an appeal may be taken to the court of third instance, the applicant and the opposing party may, prior to the conclusion of the proceedings before the court of first instance, by agreement submit to the court for designating the application of litigation proceedings for family matters to their immediate matter, to be continually presided by the same judge.
Where the facts are complicated in a matter provided in the preceding paragraph, the applicant and the opposing party may, prior to the conclusion of the proceedings before the court of first instance, by agreement motion the court to make a ruling for designating the application of litigation proceedings for family matters to their immediate matter, to be continually presided by the same judge.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.

Article 122

Where there exists one of the following circumstances with regard to the guardian designated by the court, the said guardian may motion to the court to allow his or her resignation:
1. that the said guardian is over 70 of age;
2. that the said guardian is incapable of performing the guardianship for reasons of physical or mental difficulties or disease;
3. that it is inconvenient to perform the guardianship for reasons that the domicile or habitual residence of the said guardian is remote from the court or the place where the ward is;
4. other significant reasons.
In allowing the resignation in accordance with the preceding paragraph, the court shall designate another guardian.
Provisions in Articles 106 and 108 of this Act shall apply, mutatis mutandis, to matters concerning the resignation of the guardian.

Article 123

Provisions in Articles 106 to 108, and in Articles 110 Paragraphs 1 and 2 of this Act shall apply, mutatis mutandis, to matters concerning designation, re- designation, or changing of a guardian for a minor.

Article 124

Provisions in Articles 110 and 112 of this Act shall apply, mutatis mutandis, to matters concerning designation of a special agent by the court for the ward.

CHAPTER VI MATTERS CONCERNING MAINTENANCE BETWEEN RELATIVES

Article 125

Except as otherwise provided in this Act, with regard to the following matters concerning maintenance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is entitled to maintenance:
1. matters concerning claims for maintenance;
2. matters concerning claims for reduction or waive of maintenance obligation;
3. matters concerning claims for modifying the extent or manner of furnishing maintenance on grounds or change of circumstances;
4. other matters concerning maintenance.
Provisions in Article 104, Paragraphs 2 and 3 and Article 105 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

Article 126

Provisions in Articles 99 to 103 and Article 107, Paragraph 1 of this Act shall apply, mutatis mutandis, to matters concerning maintenance.

CHAPTER VII MATTERS CONCERNING SUCCESSION

Article 127

With regard to the following matters concerning succession, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is entitled to inherit:
1. matters concerning submission of an inventory of the inheritance of the decedent to the court;
2. matters concerning motion by a creditor for submission of an inventory of the inheritance of the decedent to the court by an heir;
3. matters concerning waiver of inheritance;
4. matters concerning unacknowledged succession;
5. matters concerning preservation of the decedent’s inheritance;
6. matters concerning designation or re-designation of an executor of a will;
7. other matters concerning succession.
With regard to matters concerning preservation of the decedent’s inheritance, the jurisdiction to hear the proceedings may belong to the court for the locus of the inheritance concerned.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 1 of this Article.
Where the court finds matters provided in Paragraphs 1 and 2 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.

Article 128

Where a person who is entitled to inherit makes an inheritance submission, the submission shall indicate the following, accompanied by an inventory of the inheritance:
1. the person who makes the submission;
2. the full name and the final domicile of the decedent;
3. the date and place of his or her death;
4. the point in time when the death is known to the person who makes the submission;
5. where there are other persons who are entitled to inherit, the name, gender, date of birth and domicile or habitual residence of such persons;
The inventory of the inheritance in the preceding paragraph shall indicate the financial situation of the decedent, as well as the creditors and debtors known to the heir.

Article 129

Where a creditor motions for a court ruling ordering an heir to submit an inventory of the inheritance of the decedent, the pleading of such a motion shall state the following:
1. the applicant;
2. the full name and the final domicile of the heir;
3. the full name and the domicile of habitual residence of the decedent;
4. the request for submission of an inventory of the inheritance of the decedent.
Provisions in the preceding article shall apply, mutatis mutandis, to an heir in submitting an inventory of the inheritance of the decedent in accordance with a court ruling.

Article 130

Where a court publicly summons the creditors of the decedent in filing a statement of their claims, it shall state in the public notice the following:
1. the heir who made an inheritance submission;
2. the time period for filing the statement of claims and a formal notice that a claim shall be filed within the time period;
3. that failing to file a statement will result in the loss of the claim;
4. the court to which the statement shall be filed.
The court shall notify other heirs of the circumstances in the preceding paragraph.
The court shall give a public notice to the summons provided in Paragraph 1 of this Article.
The public notice provided in the preceding paragraph shall be posted on the bulleting board of the court, via the internet or by other proper means; where considered necessary, the court may order that the public notice be published in the official gazettes, newspaper, or by other means.
The time period for filing a statement in accordance with Paragraph 1 of this Article shall be no fewer than six months, from the date of publication in accordance with the preceding paragraph.

Article 131

Within six months from the expiration of time period for filing a statement in accordance with the preceding article, the heirs shall make a submission to the court about the payback to the creditors who lay claims on the inheritance, evidenced by relevant documentation.
Where considered necessary, the court may, upon motion by the heirs, extend the six months for submission provided in the preceding paragraph.

Article 132

Where an heir waives his or her right to an inheritance, he or she shall indicate in writing the following:
1. the heir who waives the right to an inheritance;
2. the full name and the final domicile of the decedent;
3. the date and place of the death of the decedent;
4. the time when the succession is known to the said heir;
5. where there are other heirs, their full names, gender, dates of birth, and domiciles or habitual residences.
Where a waiver of inheritance satisfies the legal requirements, the court shall 1) order the files to be kept in records for future reference; 2) notify the heir who waives the right to inheritance and other known heirs; and 3) publish the case of waiver.
Where a waiver of inheritance does not satisfy the legal requirements, the court shall deny the motion by a ruling.

Article 133

Where a family council reports to the court the opening of the succession and designate a manager for the inheritance, it shall in writing make a submission, signed by more than one of its members and evidenced by relevant documentation, indicating the following:
1. the persons who make the submission;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the grounds for designating a manager for the inheritance;
4. the full name, gender, date of birth, and domicile or habitual residence of the manager for the inheritance.

Article 134

The family council may only designate a natural person to serve as the manager for the inheritance.
Where there exists one of the following circumstances with regard to the manager for the inheritance provided in the preceding paragraph, the court shall discharge the manager for the inheritance concerned from his or her duties and order the family council to re-designate the manager for the inheritance within one month:
1. being a minor himself or herself;
2. being subject to an order of the commencement of guardianship or assistantship;
3. being subject to a declaration of bankruptcy or to a declaration of liquidation in accordance with the Consumer Debt Clearance Act and has not yet resumed the rights;
4. being deprived of citizen’s rights and has not yet resumed the rights.

Article 135

Where there is one of the following circumstances with respect to the manager for the inheritance designated by the family council, the court may, upon motion by the interested parties or by a prosecutor, and after consulting with members of the family council, the interested parties or the prosecutor, discharge the said manager for the inheritance from his or her duties and order the family council to re-designate a manager for the inheritance:
1. breaching an obligation arising from his or her duties;
2. breaching the obligation of due diligence as a good manager, so as to damage or reduce the value of the inheritance or induce risk of damaging or reducing the value thereof;
3. other serious circumstances.

Article 136

Where an interested party or a prosecutor motions for designation of a manager for the inheritance, the pleading of a motion shall in writing indicate the following, evidenced by relevant documentation:
1. the applicant;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the grounds for pleading;
4. where the applicant is an interested party, the grounds for his or her legal interest.
Where the family council fails to re-designate a manager for the inheritance in accordance with provisions in Article 134, Paragraph 2 or the preceding article, an interested party or a prosecutor may motion to a court for designation of a manager for the inheritance, and thereto apply provisions in the preceding paragraph.
A court may, besides a natural person, designate a public authority to serve as the manager for the inheritance.

Article 137

Where a court publicly summons the heirs to acknowledge the inheritance, it shall state in the public notice the following:
1. the person who made the initial submission;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the time period for acknowledging the inheritance and a formal notice that an acknowledgement shall be made within the time period;
4. the legal effect of failing to make an acknowledgement within the time period;
5. the court to which the acknowledgement shall be made.
Provisions in Article 130, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to public notice in accordance with the preceding paragraph.

Article 138

Where a court makes a public notice summoning the heirs to acknowledge the inheritance upon motion made by the manager for the inheritance, besides items provided in Article 173, Paragraph 1, Sub-paragraphs 2 to 5, it shall state in the public notice the following:
1. the full name and the domicile of the manager for the inheritance, together with the office for the purpose of inheritance management;
2. the time period of filing statement of claims and declaring whether the heir is willing to accept, together with a formal notice that a statement of claims or a declaration shall be filed within the time period;
3. the legal effect of failing to file such a statement of claims or a declaration.

Article 139

Provisions in Article 130, Paragraphs 3 to 5 of this Act, apart from that with regard to the time period for filing a statement of claims, shall apply, mutatis mutandis, to public notice in accordance with the preceding two articles.

Article 140

A manager of the inheritance designated by the court, after the completion of his or her duties, shall submit a report to the court detailing the management done to the inheritance, together with the relevant documentation.

Article 141

Except as otherwise provided in the statutory law, provisions in Chapter VIII of this Act shall apply, mutatis mutandis, to the manager of the inheritance, the executor of a will, or other managers of the property designated by the court.

CHAPTER VIII MATTERS CONCERNING MANAGEMENT OF THE PROPERTY OF AN ABSENT PERSON

Article 142

With regard to the matters concerning management of the property of an absent person, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the absent person.
Provisions in Article 52, Paragraphs 4 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

Article 143

Where a manager of the property has not been designated to an absent person, the position shall be served by persons in the following:
1. the spouse of the absent person;
2. the parents of the absent person;
3. the child of the absent person who has come of age of majority;
4. the grandparents who cohabit with the absent person;
5. the head of the house.
Where the manager of the property cannot be selected from the persons listed above, the court may, upon motion by the interested parties or a prosecutor, designate a manager of the property.
Provisions in the preceding two paragraphs shall apply, mutatis mutandis, to circumstances where the functions of a manager of the property cease on grounds of death, being subject to an order of the commencement of guardianship, assistantship or bankruptcy, or on other grounds.

Article 144

Where there is more than one manager of the property, except as otherwise ruled by the court at its designation of the managers of the property, decisions with regard to the management of the property of an absent person shall be made by agreement among the said managers of the property; where the negotiation cannot be initiated or the said agreement cannot be reached, a manager of the property or an interested party may motion to a court for determining the methods of the management of the said property.

Article 145

Where the manager of the property is not up to the tasks or his or her management is not done in a proper manner, the court may, upon motion by the interested parties or by a prosecutor, re-designate the manager of the property; where the said manager of the property was originally designated by a court, the court may re-designate the manager of the property on its own initiative.
Where there is a justifiable reason, the manager of the property may motion to the court for permission to resign from the post.
Upon granting the permission in accordance with the preceding paragraph, the court shall designate another manager of the property.

Article 146

In designating, changing, or re-designating a manager of the property, the court shall grant an opportunity to be heard to the interested parties as well as the relevant designates.

Article 147

Where the acquisition, creation, loss or alteration of the property of the absent person must be registered in accordance with the law, the manager of the property shall ex officio apply to the registrar agency for the relevant registration.

Article 148

The manager of the property shall make a catalogue of the property under his or her management, and have the same notarized by a notary; the expenses of which shall be borne out of the property of the absent person.

Article 149

The court may, upon motion by the interested parties or by a prosecutor, order the manager of the property to report on the management or calculation of the property concerned; where the said manager of the property was originally designated by a court, the court may on its own initiative order the manager of the property to so report.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.

Article 150

An interested party may, upon making a preliminary showing on the grounds, apply to the court for inspection of the report and documents relating to calculation submitted in accordance with the preceding article, or apply for written copy, photocopy or excerpted copy thereof upon clearing the expenses in advance.

Article 151

The manager of the property shall preserve the relevant property with due diligence as a good manager, and may perform utilization of or improvement upon the property that is favorable to the absent person. Notwithstanding the foregoing, conduct of utilization or improvement that poses a threat to changing the characters of the property concerned may be performed only with the court’s permission.

Article 152

The court may order the manager of the property to provide sufficient security for the management and return of the property, and may by a ruling, increase, reduce, amend or waive the security.
Provisions in the Code of Civil Procedure with regard to security for litigation expenses shall apply, mutatis mutandis, to security provided in the preceding paragraph.

Article 153

The court, upon the motion by a manager of the property, may order that an appropriate amount of remuneration be paid to the manager out of the property, taking into account the relationship between the said manager and the absent person, the complexity of the tasks under management, as well as other relevant circumstances.

CHAPTER IX MATTERS CONCERNING DECLARATION OF DEATH

Article 154

With regard to the following matters concerning declaration of death, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the absent person:
1. matters concerning declaration of death;
2. matters concerning revocation or amendment of court ruling on declaration of death;
3. other matters concerning declaration of death.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.
Proceedings fees for matters provided in the first paragraph of this Article, apart from those for matters concerning declaration of death which shall be deducted from the inheritance, shall be borne by the applicant.

Article 155

A motion for a court ruling on matters concerning declaration of death or concerning revocation or amendment of a court ruling on declaration of death may be filed by an interested party or a prosecutor.

Article 156

Prior to making a ruling on declaration of death, the court shall conduct a public summons proceeding.
The public notice effectuated under a public summons proceeding above shall state the following:
1. that an absent person shall, within a designated period of time, file a statement to the court the fact that he or she is still alive, and that failing such, a ruling on declaration of his or her death shall be made;
2. that anyone who knows about whether the absent person is still alive shall, within a designated period of time, file a statement to the court about what he or she knows.
Provisions in Article 130, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to public notice in accordance with the preceding paragraph. Notwithstanding the foregoing, where the absent person is over 100 years of age, the time period for filing a said statement may be reduced to two months from the date of publication of the public notice.

Article 157

Where the absent person files a statement about his or her being alive only after the expiration of time period for filing a statement, and the court ruling for declaration of death has yet to be made or has yet to become final and binding, his or her filing of statement shall carry the same legal effect as filing a statement within the time period.

Article 158

The court shall notify the spouse, the child and the parents of the absent person to participate in the proceedings on declaration of death, unless making the said notification is manifestly difficult; where there is a statutory agent acting on behalf of the absent person, the said statutory agent shall also be notified.
The parties provided above shall be served with the court ruling on declaration of death.

Article 159

A court ruling on declaration of death shall make a definitive determination on the time and date of death.
A court ruling on declaration of death shall take effect upon becoming final and binding vis-a-vis the applicant, the surviving party who filed the statement, and parties provided in Article 158, Paragraph 1.
After the ruling becomes final and binding in accordance with the preceding paragraph, the court shall publish the summary of the said ruling by an appropriate means.

Article 160

Where after a ruling on declaration of death becomes final and binding it is found that the person covered by the ruling is still alive or the date of death determined by the ruling is inappropriate, a motion for revoking or amending the court ruling on declaration of death may be filed.

Article 161

A motion for revoking or amending the court ruling on declaration of death shall state in writing the following:
1. the applicant, the party who motioned for a declaration of death, and the statutory agent;
2. the court ruling that should be revoked or amended;
3. how the said court ruling should be revoked or amended;
4. the grounds for revocation or amendment;
It is advisable to indicate relevant evidentiary documents to substantiate the grounds mentioned in Sub-paragraph 4 of the preceding paragraph.
Provisions in Article 158 of this Act shall apply, mutatis mutandis, to matters concerning revocation or amendment of court ruling on declaration of death.

Article 162

Where a person covered by a declaration of death has died prior to the time at which the court ruling on annulment of declaration of death becomes final and binding, the court shall make a ruling to declare the conclusion of the proceedings on the said annulment.

Article 163

A court ruling on revocation or amendment of a court ruling on declaration of death is valid erga omnes. Nonetheless, the foregoing shall not affect acts done bona fide prior to the time at which the said court ruling becomes final and binding.
Where an acquisition of property is gained as a result of the declaration of death and the entitlement is lost as a result of the court ruling provided in the preceding paragraph, the obligation to return the said property shall be borne to the limit of the current benefit brought by the property.
Provisions in Article 159, Paragraphs 2 and 3 of this Act shall apply, mutatis mutandis, to the court ruling provided in the Paragraph 1 of this Article.

CHAPTER X MATTERS CONCERNING DECLARATION OF COMMENCEMENT OF GUARDIANSHIP

Article 164

With regard to the following matters concerning declaration of commencement of guardianship, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is or should be subject to the declaration of commencement of guardianship:
1. matters concerning motion for a declaration of commencement of guardianship;
2. matters concerning designating, revoking, or amending the ambits of functions of the guardian;
3. matters concerning re-designation or changing of a guardian;
4. matters concerning reporting or submission by the guardian;
5. matters concerning resignation of a guardian;
6. matters concerning exercise of rights by the guardian;
7. matters concerning the determination of the remuneration of a guardian;
8. matters concerning designation of a special agent for a person subject to a declaration of commencement of guardianship;
9. matters concerning the authorization of an action taken by the guardian;
10. matters concerning claims for damages arising from the exercise of guardianship;
11. matters concerning motion for annulment of guardianship;
12. matters concerning converting a declaration of commencement of assistance into a declaration of commencement of guardianship;
13. other matters concerning the declaration of commencement of guardianship.
Where the court finds matters provided in the preceding paragraph meritorious, the proceedings fees shall be borne by the person subject to the declaration of commencement of guardianship.
Apart from under the circumstances provided in the preceding paragraph, the proceedings fees shall be borne by the applicant who initiated the proceedings.

Article 165

With regard to matters concerning motion for a declaration of commencement of guardianship or concerning the annulment of guardianship, the person who is or should be subject to the declaration of commencement of guardianship shall have the capacity to represent oneself in the proceedings. However, where the said person does not have disposing capacity, the court shall, on its own initiative, designate a guardian ad litem to act in the proceeding.

Article 166

Where the applicant motions for a declaration of commencement of guardianship, it is advisable that the application is accompanied by a certificate of medical diagnosis.

Article 167

Where the court shall examines the person who should be subject to the declaration of commencement of guardianship in the presence of an expert witness. Nonetheless, the foregoing shall not apply where it is manifestly difficult to so conduct the examination or doing so is harmful to the health of the said person.
A declaration of commencement of guardianship may not be made unless opinions from an expert witness been consulted on the psychiatric and mental state of the person who should be subject to the said declaration. An expert testimony shall be made with the participation of a psychiatric specialist or a medical doctor who is experienced with psychiatric treatment.

Article 168

Upon making a ruling pronouncing a declaration of commencement of guardianship, the court shall, stating the reasons, designate a guardian and appoint a person who shall provide consultation and assistance to draw up an inventory of property together with the designated guardian.
Prior to making the designation and appointed in accordance with the preceding paragraph, the court shall consult the person who might be so designated or appointed.
A court ruling made in accordance with Paragraph 1 of this Article shall be served upon the applicant, the person who is subject to a declaration of commencement of guardianship, the court-designated guardian, and the court-appointed person who shall assist in drawing up an inventory of property; the foregoing shall apply to the guardian ad litem and the special agent where such a person is designated for the person who is subject to a declaration of commencement of guardianship.

Article 169

A court ruling pronouncing a declaration of commencement of guardianship shall take effect upon the service of the ruling on or being notified in open court to the guardian who is designated by the court.
After the time at which a ruling becomes final and binding in accordance with the preceding paragraph, the court shall publish the summary of the said ruling by an appropriate means.

Article 170

The acts performed by the guardian shall remain valid until the time at which the court ruling vacating a declaration of commencement of guardianship becomes final and binding.
The acts performed by the person who is subject to a declaration of commencement of guardianship may not be claimed to be invalid on ground of the pronouncement of the said declaration, until the time at which the court ruling vacating a declaration of commencement of guardianship becomes final and binding.
After the ruling vacating a declaration of commencement of guardianship becomes final and binding, the court of first instance shall publish the summary of the said ruling.

Article 171

Where a person who is to be subject to a declaration of commencement of guardianship dies during the proceedings of the said declaration, the court shall make a ruling to declare the conclusion of the proceedings on the said annulment.

Article 172

A court ruling on annulment of a declaration of commencement of guardianship shall take effect upon its becoming final vis-a-vis the applicant, the person who is subject to the said declaration, and the guardian.
Provisions in Articles 166 to 168 and Article 170, Paragraph 3 of this Act shall apply, mutatis mutandis, to matters concerning the annulment of guardianship.

Article 173

With regard to motions for annulment of guardianship, where the court, despite considering the causes for subjecting the person concerned to guardianship cease to exist, nonetheless considers that it is still necessary to facilitate assistance to the said person, it may, upon motion by the parties or on its own initiative, make a ruling converting a declaration of commencement of guardianship into a declaration of commencement of assistance.
Provisions in Article 172 of this Act shall apply, mutatis mutandis, to the making of the court ruling in accordance with the preceding paragraph.

Article 174

With regard to motions for a declaration of commencement of guardianship, where the court, despite considering the circumstances do not meet the statutory requirements for subjecting the person concerned to guardianship, nonetheless considers that there exists a cause for subjecting the said person to assistance, it may, upon motion by the parties or on its own initiative, make a ruling pronouncing a declaration of commencement of assistance.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the applicant and the person who is to be subject to the declaration of commencement of assistance.
The court ruling made in accordance with Paragraph 1 of this Article shall cease to be effective upon the entry into effect of the declaration of commencement of guardianship.

Article 175

Where a court considers it necessary to subject the person already subject to a declaration of commencement of assistance to a declaration of commencement of guardianship, it may, upon motion by the parties or on its own initiative, make a ruling converting the original declaration into a declaration of commencement of guardianship.
Provisions in Article 172 of this Act shall apply, mutatis mutandis, to the making of the court ruling in accordance with the preceding paragraph.

Article 176

Provisions in Articles 106 to 108 of this Act shall apply, mutatis mutandis, to matters concerning motion for a declaration of commencement of guardianship, concerning the annulment of guardianship, concerning converting a declaration of commencement of assistance, and concerning re-designation or changing of a guardian.
Provisions in Article 122 of this Act shall apply, mutatis mutandis, to matters concerning resignation of a guardian.
Provisions in Article 112 of this Act shall apply, mutatis mutandis, to matters concerning the determination of the remuneration of a guardian.
Provisions in Articles 111 and 112 of this Act shall apply, mutatis mutandis, to matters concerning designation of a special agent for a person subject to a declaration of commencement of guardianship.
Provisions in Article 121 of this Act shall apply, mutatis mutandis, to matters concerning claims for damages arising from the exercise of guardianship.

CHAPTER XI MATTERS CONCERNING DECLARATION OF COMMENCEMENT OF ASSISTANCE

Article 177

With regard to the following matters concerning declaration of commencement of assistance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is or should be subject to the declaration of commencement of assistance; in case that the said person does not have a domicile or a habitual residence, the jurisdiction to hear the proceedings may be exercised by the court for the place where the said person currently resides, if the court considers appropriate:
1. matters concerning motion for a declaration of commencement of assistance;
2. matters concerning re-designation or changing of an assistant;
3. matters concerning resignation of an assistant;
4. matters concerning exercise of rights by the assistant;
5. matters concerning the determination of the remuneration of an assistant;
6. matters concerning designation of a special agent for a person subject to a declaration of commencement of assistance;
7. matters concerning designating, revoking, or amending the ambits of functions of the assistant;
8. matters concerning the authorization of an action;
9. matters concerning claims for damages arising from the exercise of assistance;
10. matters concerning motion for annulment of assistance;
11. matters concerning converting a declaration of commencement of guardianship into a declaration of commencement of assistance;
12. other matters concerning the declaration of commencement of assistance.
Provisions in Article 164, Paragraphs 2 and 3 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

Article 178

A court ruling on a declaration of commencement of assistance shall take effect upon the service of the ruling on or being notified in open court to the person who is subject to the ruling in question.
Provisions in Articles 106, 108, 166 to 168, 169 Paragraph 2 and Article 170 of this Act shall apply, mutatis mutandis, to matters concerning declaration of commencement of assistance.

Article 179

Where a court, in deliberating on a motion for a declaration of commencement of assistance, considers it necessary to subject the person concerned to a declaration of commencement of guardianship, it may, upon motion by the parties or on its own initiative, make a ruling of declaration of commencement of guardianship.
Provisions in Article 174, Paragraphs 2 and 3 of this Act shall apply, mutatis mutandis, to the making of the court ruling in accordance with the preceding paragraph.

Article 180

Provisions in Articles 106 to 108 of this Act shall apply, mutatis mutandis, to matters concerning designation, re-designation or changing of an assistant by the court.
Provisions in Article 122 of this Act shall apply, mutatis mutandis, to matters concerning resignation of an assistant.
Provisions in Article 112 of this Act shall apply, mutatis mutandis, to matters concerning the determination of the remuneration of an assistant.
Provisions in Articles 111 and 112 of this Act shall apply, mutatis mutandis, to matters concerning designation of a special agent for a person subject to a declaration of commencement of assistance.
Provisions in Article 121 of this Act shall apply, mutatis mutandis, to matters concerning claims for damages arising from the exercise of assistance.
Provisions in Article 172 of this Act shall apply, mutatis mutandis, to matters concerning motion for annulment of assistance.

CHAPTER XII MATTERS CONCERNING THE FAMILY COUNCIL

Article 181

With regard to motion for designation of members of the family council on behalf of a minor or a person subject to a declaration of commencement of guardianship or of assistance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the minor or the person subject to the declaration of commencement of guardianship or of assistance.
With regard to motion for designation of members of the family council for the purposes relating to inheritance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the successor at the opening of the succession.
With regard to designation of a party to act in the litigation proceedings on behalf of an adopted child or a minor child, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopted child or of the minor child.
With regard to motion for determination of the manner of furnishing maintenance or for changing the manner or the extent of furnishing maintenance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is entitled to maintenance.
With regard to the following matters, any of which shall be dealt with by the family council, the jurisdiction to hear the proceedings on a motion for a court’s decision exclusively belongs to the court for the place of the domicile or the habitual residence of the decedent:
1. matters concerning the determination of the allocation of a certain portion of the inheritance;
2. matters concerning the supervision of the manager of the inheritance;
3. matters concerning the determination of the remuneration of a manager of the inheritance;
4. matters concerning the determination of the genuineness of an oral will;
5. matters concerning the tendering of a will;
6. matters concerning the opening a sealed will for viewing;
7. other matters that shall be dealt with by the family council.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in Paragraphs 1 to 5 of this Article.
Provisions in Article 104, Paragraph 2 and Article 105 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 4 of this Article.
Where the court finds matters provided in Paragraph 1 of this Article meritorious, the proceedings fees shall be borne by the minor or the person subject to the declaration of commencement of guardianship or of assistance concerned.
Where the court finds matters provided in Paragraph 2 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.
Where the court finds matters provided in Paragraph 3 of this Article meritorious, the proceedings fees shall be borne by the adopted child or the minor child concerned.
Where the court finds matters provided in Paragraph 5 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.

Article 182

In deliberating over ruling on matters provided in Paragraph 5 of Article 181, the court may investigate the complexity of the management tasks performed by the manager of the inheritance, as well as the current status of the property of the decedent.

Article 183

Provisions in Article 122 of this Act shall apply, mutatis mutandis, to matters provided in Paragraphs 1 and 2 of Article 181.
Provisions in Articles 99 to 103 and Article 107 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 4 of Article 181.
Provisions in Article 106 of this Act shall apply, mutatis mutandis, to matters provided in this chapter.
Provisions in this Chapter shall apply, mutatis mutandis, to other matters concerning motion for a court’s decision over matters dealt with by the family council.

CHAPTER XIII MATTERS CONCERNING PROTECTIVE PLACEMENT

Article 184

With regard to the following matters concerning protective placement, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is subject to the placement in question or for where the said person concerned currently resides:
1. matters concerning the continuation of placement of a child or a juvenile;
2. matters concerning the protective placement of a child or a juvenile;
3. matters concerning the continuation of placement of a person with disabilities;
4. other matters concerning placement which requires a court ruling in accordance with the statutory law.
Except as otherwise provided in the statutory law, provisions in Articles 106, 108, 165, 166, 169 and 171 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

Article 185

With regard to the following matters concerning cessation of placement, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the patient with severe illness or for where the said patient currently resides:
1. matters concerning the cessation of emergency placement;
2. matters concerning the cessation of compulsory hospitalization;
3. other matters concerning the cessation of placement or of hospitalization.
Except as otherwise provided in the statutory law, provisions in Articles 106, 108, 165 to 167, Article 168, Paragraph 1, Articles 169 and 171 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

PART V SECURING PERFORMANCE AND EXECUTION

CHAPTER I GENERAL PRINICIPLES

Article 186

Except as otherwise provided in the statutory law, mediation or settlement reached, or court decisions made on the substantive claims in accordance with the provisions in this Act may be used as a writ of execution.
Except as otherwise provided in the statutory law, provisions in the Compulsory Execution Act shall apply, mutatis mutandis, to compulsory execution conducted over family matters; furthermore, the administrative agencies or the social welfare authorities may provide assistance with regard to execution upon motion.

Article 187

After the issuing of the writ of execution, the creditor, in addition to motioning for compulsory execution, may motion to the court for investigating the status of performance of obligations, as well as for urging the debtor to perform the obligation in full or in part.
With regard to the investigation or urging provided in the preceding paragraph, the jurisdiction to hear the proceedings belongs to the court of first instance which made the said decision or before which the said mediation or settlement was reached.
Where necessary, the court may ask a family matter investigator to conduct the said investigation or urging; it may also request another court to so conduct the investigation or urging.
The proceedings fees provided in Paragraph 1 of this Article shall be 500 New Taiwan Dollars, to be borne by the applicant. Provisions in Article 77-23, Paragraph 4 of the Code of Civil Procedure shall, mutatis mutandis, apply.

Article 188

In urging the debtor, the court may request other courts, relevant agencies, organizations or other appropriate personnel to act in conjunction with it.
The court may, in its discretion, order the necessary proceedings fees of urging the performance of obligations to be borne jointly by both the creditor and the debtor in a certain proportion, by one of the parties by himself or herself in whole, or separately by the creditor and the debtor for the expenses they respectively incurred.

CHAPTER II EXECUTION OF EXPENSES FOR MAINTEANCE OR OF OTHER EXPENSES

Article 189

With regard to execution of claims of expenses of maintenance, the execution fees may be temporarily exempted until deducted from the proceeds from the execution.

Article 190

Where the debtor, in accordance with a writ of execution, bears the obligation of payment for living expenses of the household, for expenses of maintenance or for alimony to be made in installments and there is an incomplete performance of one installment, although the payment period for the other installments has not yet expired, the creditor may nonetheless motion for execution of those installments of payment.
With regard to the execution conducted in accordance with the preceding paragraph, the attachment may only list as object the salaries of the debtor the payment period of which has already expired or other obligatory rights subject to continuous payment.

Article 191

Where the debtor, in accordance with a writ of execution, bears the obligation of payment for living expenses of the household, for expenses of maintenance or for alimony to be made in installments and there is an incomplete performance of one installment, although the payment period for the other installments has not yet expired, the executing court may, upon motion by the creditor, by a ruling order the debtor to make the payment within the time limit of each period, and order that in the circumstance where the payment is not made within the time limit, an amount of mandatory payment shall be payable to the creditor. Nevertheless, the foregoing shall not apply to circumstances where the court that made the ruling has determined the amount that shall be paid in addition in accordance with Article 100, Paragraph 4.
In making a ruling in accordance with the preceding paragraph, the court shall take into account the detriment caused by the non-performance of obligation to the creditor, the financial situation of the debtor, and the prior state of obligation performance.
The mandatory payment provided in Paragraph 1 of this Article shall not exceed half of the amount of payment in each installment.
Where the payment period for obligations provided in Paragraph 1 of this Article has already expired, the court may, upon motion by the creditor, by a ruling order the debtor to perform the obligations within a designated period of time, and order that in the circumstance where the payment is not made at the expiry of the time limit, an amount of mandatory payment shall be payable to the creditor. The provisions in the preceding two paragraphs shall apply, mutatis mutandis, to the foregoing situation.
Where the debtor proves that he or she is without financial means to pay back the debt or paying back the debt will result in obvious financial distress in his or her normal life, the executing court shall, upon motion by the debtor or on its own initiative, revoke the ruling made in accordance with Paragraph 1 or Paragraph 4 of this Article.

Article 192

Where there is a fundamental change of circumstances after a ruling on mandatory payment made in accordance with Paragraph 1 or Paragraph 4 of Article 191 becomes final and binding, the executing court may, upon motion by the debtor, modify the said ruling.
Where the debtor makes the motion in accordance with the preceding paragraph, the court may, when necessary, by a ruling suspend the execution of the ruling on mandatory payment.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.

Article 193

Limitations provided in Article 122 of the Compulsory Execution Act do not apply to the execution of obligations of payment for expenses of maintenance for a minor child. Notwithstanding the foregoing, the expenses necessary for maintaining the subsistence of the debtor and the minor child whose living the debtor is responsible to maintain may not be listed among the object of execution.

CHAPTER III EXECUTION CONCERNING HANDING OVER OF A CHILD OR CONCERNING MEETING OR COMMUNICATING WITH A CHILD

Article 194

Where a writ of execution concerns ordering the handing over of a child or meeting or communicating with a child, the executing court shall, taking into account the following circumstances, determine the manner of execution consistent with the best interest of the child, in choosing to conduct the execution in either a directly compulsory means or an indirectly compulsory means or a combination of a directly and an indirectly compulsory means:
1. the age of the minor child and whether he or she has the capability to declare an intention;
2. the will of the minor child;
3. the degree of urgency of the execution;
4. the effectiveness of the means of the execution;
5. the interaction between the obligation-bearer, the right-holder, and the minor child, and the possible impacts of the execution upon those persons.

Article 195

Where the execution involves handing over of a child to the right-holder in a directly compulsory means, it is advisable to draw up an execution plan in advance; where necessary, the execution may proceed without notifying the obligation-bearer the date of execution, while requesting the assistance from the police authorities, the social workers, the medical services, the school teachers, the diplomatic services, or other relevant authorities.
The execution provided in the preceding paragraph is advisable to be conducted with appropriate explanations and exhortation, and as far as possible, to be done in a peaceable manner, taking due consideration of the physical and life safety, physical freedom and dignity, as well as the emotions of the minor child.

PART VI SUPPLEMENTARY PROVISIONS

Article 196

After the time at which this Act comes into effect, in an area where there has established a juvenile and family court, the district court which originally exercises jurisdiction over a family matter covered by this Act shall, by a public notice, transfer the said matter to the competent juvenile and family court, and shall notify the parties and the interested parties known to the court.

Article 197

Except as otherwise provided in this Act, provisions in this Act shall apply to a family matter that has happened prior to the time at which this Act comes into effect.
Where, prior to the time at which this Act comes into effect, a family matter has already been registered with a court but the proceedings have not been concluded, depending on the progress, the said court shall apply the provisions in this Act and continue conducting the proceedings until their conclusion; the moves already taken in accordance with the then governing legal procedures shall remain effective.
With regard to a family matter that, prior to the time at which this Act comes into effect, has already been registered with a court but the proceedings have not been concluded, the jurisdiction to hear the proceedings shall be allocated in accordance with the governing law at the time of its registered with the court.
A family matter that, prior to the time at which this Act comes into effect, has already been registered with a court but the proceedings have not been concluded may not be transferred to be consolidated with another matter to be heard, unless the transfer is done in accordance with provisions in the original Part concerning personal identity in the Code of Civil Procedure that governed prior to the time at which this Act comes into effect.
Where a procedural act, in accordance with this Act, shall be performed within a certain period of time from its actual performance, the said period shall begin to run only from the day on which this Act comes into effect. Nonetheless, the foregoing provision shall not apply with regard to a procedural act that, prior to the time at which this Act comes into effect, had begun to run in accordance with a court ruling made under the original governing law, which shall be governed by the time period fixed by the said court ruling.

Article 198

With regard to a necessary disposition procedures in a non-litigation matter that, prior to the time at which this Act comes into effect, has already been registered with a court but the proceedings have not been concluded, the said court shall apply the provisions in this Act and continue conducting the proceedings until their conclusion; a move for revocation of the proceedings that have already been concluded, the return of the deposit posed and its effect, shall be governed by the law applicable to the original procedures.
With regard to a family matter that, prior to the time at which this Act comes into effect, has already been concluded, the jurisdiction to hear the proceedings concerning objection, appeal, interlocutory appeal, and rehearing shall be governed by the law applicable to the original procedures.
With regard to a writ of execution on a family matter that has been obtained prior to the time at which this Act comes into effect, the securing and execution procedures shall be governed by this Act.

Article 199

Detailed rules regarding the hearing of a family matter, and implementation rules of this Act shall be prescribed by the Judicial Yuan.

Article 200

The date on which this Act comes into effect shall be determined by the Judicial Yuan.