Family cases

According to applicable procedures, family cases can be classified into family mediation case, family litigation case, family non-litigation case and family urging performance case; and Family Act classifies cases of similar nature into five categories, namely A, B, C, D and E. According to the intensity of litigation, the scope of disposition authority enjoyed by the object of an action, and the degree of requiring speedy trial based on the discretionary power of the court, family litigation procedures and family non-litigation procedures are provided respectively.

Characteristics and system of Family Act

 I. Implement overall mediation system

(A)Mediation beforehand:
When handling family cases, apart from Category D cases (mediation may be requested), the court shall go through mediation procedures with litigants to confirm the disputes, provide consultation to urge litigants to consider other alternative solutions more satisfactory to the interests of family members other than judgment, and coordinate family members for further dispute self-conciliation so as to harmoniously reconstruct or mediate identity and property relationship.

(B)Professional and actual mediation mode:
Experts or scholars with gender equality consciousness and respect to diverse culture are appointed as family mediators for consultation, counseling, education, guidance, social resources referral, etc. so as to urge the litigants to settle disputes independently, harmoniously and peacefully through multiple interdisciplinary integration, arbitrate the disagreements properly and thoroughly, and encourage both parties to be friendly and cooperative parents to avoid further disputes in the future.

II. Take the initiative to investigate facts and evidence

Most of the family cases are related to personal relationship and involve in public interests, and therefore during the hearing procedure, in order to make sure that the judgment is consistent with the facts, protect the third party involved in the effect of the judgment, and facilitate the mediation of family disputes, the doctrine of ex officio shall be adopted, i.e. unless otherwise prescribed by law, the court may consider the facts not presented by litigants and take evidence on its own initiative.

III. Social workers’ company

When a minor child or a person who is subject to the order of the commencement of guardianship and assistance
expresses his or her will, makes a statement or appears in court as a witness during the proceedings of family cases, in order to ease their emotion and pressure, it stipulates that the court, when necessary, shall notify the competent authorities to appoint social workers or other appropriate personnel to be present on the court appearance, and the court may take appropriate and necessary measures to protect their privacy and safety.

IV. Guardian ad litem

In order to promote procedural economy and further protect the material and procedural interests of the interested party, guardian ad litem system is designed for family case procedures. Guardian ad litem may conduct procedure behaviors (including litigation cases and non-litigation cases) on behalf of the litigants or interested party for their interests, and such system is taken as the communication bridge between the litigants and the court to assist the court in handling family cases promptly and appropriately.

 V. Family Matter Investigation Officers

In order to understand the real problems hidden behind family disputes, assist the court to investigate particular facts, and settle family disputes harmoniously, the Family Act explicitly stipulates that, as ordered by the judge, the investigation officers who specialize in social work, education, psychology, guidance, etc. shall investigate specific matters and provide the judge with professional assistance in analyzing individual family cases, and introduce social resources to handle family cases properly.

• Release Date:2021-04-28
• Update:2021-04-28