Empirical Study of Child Custody AfterDivorce
Date Issued
2015
Date
2015
Author(s)
Cheng, Yen-Ni
Abstract
This thesis is divided into five chapters. It mainly analyzes judicial practice judgments of child custody after divorce. In Taiwan, compared to the last few decades, the divorce rateshave significantly increased and the birthrateshave been on the decline. Therefore, child custody becomes one of the most important issues in divorce litigation. When determining child custody, judges have to make decisions based on “the best interests of the child principle.” However, this is considered an uncertain legal concept that is not easy to understand, and from which disputes can easily arise when the court applies it to an individual case. This thesis focuses on the Civil Code Article 1055-1, analyzing 540Taiwan District Court judgments during the year from 2012 to 2014, and categorizes the potential factors that might influence judges during consideration of minor child custody issues into four parts： (1)aspect of minor child;(2)aspect of parents; (3) both aspects of minor child and parents; (4) other aspects, each of which includessubordinate factors. The thesis aims to figure out the effects of various factors and judgments. Three domestic judges and three social workers were interviewed individually in the thesis to focus on the points of views of practical experiences of the interviewers. The main purpose of the thesis is to conceptualize the uncertain legal concept of“the best interests of the child principle” for others to understand, especially for parents to assess before divorce litigation. Finally, according to the above results of the research, the thesis provides some suggestions and advice to Civil Code Article 1055-1for the law’s amendmentsin the future.
Subjects
Civil Code Article 1055-1
Divorce
Child Custody
The Best Interests of The Child Principle
Empirical Study
Type
thesis
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