Cross-border custody dispute: Mother seeks legal recourse to retrieve daughters from China

A Taiwanese mother faces a daunting legal battle to retrieve her two young daughters from China, where their father allegedly took them and has since disappeared. Lawyers are advising the mother on potential legal avenues, including seeking court-ordered detention for the father if he is found to be intentionally hiding the children and defying a Taiwanese court's custody order.

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If Ms. Huang obtains a final judgment from our court, according to Article 195, Paragraph 1 of the Code of Family Affairs, she can request the court to seek necessary assistance from diplomatic agencies.

According to lawyer Shi Zhiyuan, the mother, having secured a favorable custody ruling from a Taiwanese court, can request assistance from diplomatic agencies. However, the current political realities between Taiwan and China present significant obstacles. Shi suggests that Taiwanese authorities should establish more effective communication channels with China to enhance the enforcement of such judgments. Additionally, the mother can petition the court to detain the father under the Code of Family Affairs and Compulsory Enforcement Act, arguing that he is intentionally concealing the children and refusing to hand them over, thereby ensuring the enforcement of the court's decision.

Another legal expert, Fang Yanhui from Minglun Law Firm, cited a similar case where a foreign woman married to a Taiwanese man took their children to her home country under the pretense of visiting family, only to keep them there and sever contact. The court ultimately ruled against the mother, deeming her an "unfriendly parent" for isolating the father from his children. However, even with a custody victory, the father had to pursue lengthy international legal assistance or file lawsuits in the foreign country to have the Taiwanese judgment recognized and bring the children back.

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She can also, according to Article 186, Paragraph 2 of the Code of Family Affairs, apply the provisions of Article 22 of the Compulsory Enforcement Act, arguing that the husband maliciously concealed the two young daughters and intentionally refused to hand them over, requesting the court to detain the husband to ensure the enforcement of the judgment.

Fang recommends strengthening "flight prevention" measures in such cases. This could include court-ordered travel restrictions for the parent residing abroad if they have assets or a residence there and are deemed a flight risk. Courts could also issue temporary injunctions prohibiting the removal of children from Taiwan during divorce proceedings, with notifications sent to immigration authorities. Parents are also advised to safeguard important documents like passports to prevent similar situations from occurring. The process of enforcing a Taiwanese civil judgment in China requires a separate application for recognition by Chinese courts, which can be a complex and time-consuming procedure.

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In such cases, the remedial measures should strengthen the defendant's 'flight prevention' measures. If the defendant has assets or residence abroad and is at risk of fleeing, the court should pre-emptively restrict the defendant's departure from the country.