pg171 wrote:My heart goes out to you, reminds me of my situation, but maybe worse. What is the latest ?
My wife and me went to the court for a first earing. She said the judge that she doesn't remember she punched me and that she didn't know why I got hurt so badly. I partially trust that she doesn't remember what she did, but the judge didn't think that I magically got hurt, so my wife was clearly in trouble.
Since I still had no way to access my daughter and since it seemed so difficult to enforce my basic rights of access to my daughter, I decided to withdraw the case and to hope for my wife to become more reasonable. My wife then gradually changed to let me see my daughter again and my wounds almost totally disappeared.
This happened last year. This year, another problem happened. See got angry for a stupid reason, took my keys away and then threated me to be violent again if I don't leave her place. I was carrying the baby, so I choosed to not let her become out of control again - who knows what can happen - and I left. The day after, she still refused to give me my keys back, so 2 weeks later I went to the police and filled a complaint for domestic violence. To kick someone out and/or stop him seeing their kids is a kind of violence. Also, I've learn what is the correct way to deal with the door's problem: wait until she is not there, and call a locksmith to open the door. Nobody can legally stop you, no neighbors, not the building's gardian, and not even the police: The home of your kids is also your home as long as you are married. If you are gonna try that, keep the cellphone number of your lawyer on you, in case the police try to stop you: The police doesn't know the law, but will trust what your lawyer says. You even have the right to destroy the door to enter if you want, as long as you can show that you had no other choice (i.e. in my case, I had the police to come to my appartment first to talk to my wife, and she verbally refused to let me in. After what, they left me there all alone, even asking me to leave - remember that they have no right to ask you to leave, this is your home). I recommend to use the help of a locksmith instead, that's more clean and doesn't involve anything that could be interpreted as domestic violence.
My wife finally gave me the keys back after 1 month and half, but I didn't withdraw the case yet, just in case she does it again. The case is not yet in the court and I may choose to withdraw it later.
pg171 wrote:It's an uphill battle all the way for foreigners wishing to divorce and claim child custody in TW- I know because I have been go through hell for the last three years with a TW woman who refuses of divorce me and has regularly denied me access to our wonderful son (now two years old) in order to force me to get back together with her. The facts are as follows:
1. It's very difficult to find a lawyer who is willing to assist, firstly because most lawyers do not have sufficient English and secondly because a lot of work is involved translating the evidence (e-mails etc) into English for the court (hen mafan !).
Emails are not evidence at all. The best is to have witnesses, Taiwanese ones if possible. Bring some friends overthere next time you talk to her.
I have finally found a decent lawyer and will be happy to recommend them if things turn out well for me.
2. Even if you sign a separation (not legally recognised in TW anyway) or divorce agreement, this is not enforceable until the matter goes to court. This means that if your spouse stops you seeing your child, and you go to the police with a copy of your agreement, they can and will do absolutely nothing.
3. It takes 3-6 months for a divorce and custody case to get to court. If the court does not grant divorce (there are very strict rules which in theory would make it very difficult for one party to divorce if the other does not want to- although I am told that judges may be taking a more common sense approach now), then custody cannot be granted.
Did you left her or did she stop you from going home? That's 2 totally different stories.
pg171 wrote:So possession is 9/10 ths of the law. If your spouse is determined not to let you see your child, especially if they are Taiwanese and being supported by their family who will stand by them however irrational/ unstable/ vindictive they are, it can be a heartbreaking situation.
The family support doesn't count when you are still married. Just be strong in your mind, and go back overthere. Do not use violence if someone stop you from going home, just be patient and go back everydays. Wait until they have enough to play the stupid block game with you. It worked for me against my wife.
4. Until divorce you have de facto 50/50 custody of the child, and therefore have a right to leave the country with the child. However any child that enters the country on a TW passport can only leave on that passport. If the TW spouse holds the passport and refuses to give it to the foreign spouse (extremely likely when a marriage breaks down) then there is no legal way to leave the country with the child.
To discreetly steal the Taiwanese passport from its secret place is 100% legal, you are his father. How do you think I did when I needed some papers?
You need to learn that you can do a lot more than what you thing, without your wife been able to do anything about that. No law protect your from what your wife is doing? well ... that's the same in the other direction.
I still recommend you to consult a lawyer before taking any action that would let your wife complaint about in front of a court, just to make sure that you have the right to do so.
5. Are judges here prejudiced against foreigners ? I have no idea. My lawyer tells me no. My heart and mind tell me yes. Taiwanese people are superficially reverent and extremely polite to us, but I feel that underneath they don't really trust us. I guess the real test of that will be in my divorce case, when it eventually gets to court ....
Good luck. Be strong.