Husband wins divorce, custody of two sons from Chinese wife accused of 'malicious abandonment'

A man in Taiwan has been granted a divorce from his Chinese wife after she allegedly abandoned him and their two young children, leaving him to care for them alone. The court in Miaoli found the wife's prolonged absence constituted malicious abandonment.

The husband, identified as Ah-chung (a pseudonym), stated that his wife left Taiwan in May of the previous year. The day after her departure, she informed him she would not return and has not done so since. The couple married in 2014 and have two minor children, one of whom also holds Taiwanese residency. The wife reportedly initiated divorce proceedings in China, and the couple has lost contact.

During the trial, the court noted the wife's failure to return to Taiwan or fulfill her marital cohabitation obligations without a valid reason. Her initiation of divorce proceedings in China further supported the claim of abandonment. As she did not appear in court or submit a defense after being legally notified, the judge ruled that her actions constituted malicious abandonment, a continuous state, and therefore granted the divorce.

Regarding the children's welfare, the court found that they are currently living with Ah-chung and his family and are under his care. An assessment by social welfare agencies indicated that Ah-chung is suitable in terms of parenting ability, available time, living environment, and educational planning. Consequently, the court ruled that the rights and responsibilities concerning the two minor children will be solely exercised by the father.