萬國法律事務所

Taiwan’s Legislative Yuan passed a new “Family Procedures Act” on December 12, 2011, which will unify legal proceedings in family dispute cases under the Juvenile and Family Court. The new law is expected to be a significant step forward in the reform of Taiwan’s Family law.

Under the current regulations, family cases are governed by Taiwan’s Civil Procedure Code and the Non-Contentious Case Act, often resulting in multiple, time-consuming proceedings. The new Family Procedures Act was passed so that 1) family cases can be heard and adjudicated in a proper, expeditious and consistent manner, 2) human dignity will be protected, 3) gender equality will be achieved, and 4) the best interests of minor children will be served.

The Family Procedures Act stipulates that proceedings in family courts will be held in private and that the decisions will not be made public. Minor children appearing in courts shall be accompanied by social workers and the Family Courts shall conduct gender equality awareness programs for judges and staff so as to avoid decisions made based on gender-bias. The Family Procedures Act also empowers judges to appoint a "family affairs investigator" to assist those involved in the case to prepare reports detailing the specifics of the disputes. These investigators will assist the judge in comprehending the disputed facts.

The Family Procedures Act will be enacted in June of 2012 and most observers have voiced approval of this legislation, while maintaining that there is still room for further progress.