中 EN

首頁 >

2023-10-18

| Marriage | Fighting for Custody of Minor Children

 

【The Origin of the Case Facts】

 
In the Republic of China, A woman married B man in the year 94. She moved to her husband's ancestral home in Yilan to take care of his elderly parents and his career. Between the years 98 and 100, B man concealed from A woman that he owed tens of millions of dollars in debt. During the years 94 to 100, B man treated A woman differently in his home and kept many things hidden. As a result, both parties agreed to divorce in the year 100.
 
After A woman and B man divorced, they did not expect that B man would file a lawsuit in the year 109 to confirm the invalidity of the divorce. He claimed that the divorce agreement signed by both parties at that time was invalid, arguing that the signatures of the witnesses on the agreement were not genuine, and there was no confirmation that both parties had a genuine intention to divorce.
 
In addition to disputing the validity of the divorce, the issue of who would bear the parental rights of their underage son, C boy, also needed to be resolved. After our law firm took over the case in the second trial, the case was successfully concluded, and the most important issue of parental rights for the underage child was also resolved.
 

【A series of two trials with many twists and turns.】

First Trial: Marriage Existence (Divorce Invalid)

During the first trial's judgment, the court determined that in the divorce agreement signed by A woman and B man, neither of the two witnesses had personally witnessed the true intention of A woman and B man to divorce. The seals on the agreement were also not personally affixed by the two witnesses. As a result, the divorce of both parties was confirmed to be invalid, and the marital relationship continued to exist.

Second Trial: Mediation Established

After the first trial's judgment, A woman appointed a lawyer from our firm to appeal. During the second trial's proceedings, our lawyer, after negotiations with A woman, presented a counterclaim requesting the court to grant a divorce to both parties and to grant A woman sole custody of their underage child, C boy. Finally, through the efforts of A woman and our legal team, an amicable settlement was successfully reached with B man. Additionally, the most crucial issue of the parental rights of their underage child, C boy, was also resolved, allowing C boy to grow up under the care of the most familiar caregiver.

TOP