The Research of Custody and Best Interest of Dependent Children in 921 Earthquake

• Main Authors: Li-Shan Chien, 簡麗珊
• Other Authors: Ruey-Fa Lin
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/51722187948632116238

碩士 === 靜宜大學 === 青少年兒童福利研究所 === 90 === This research paper mainly examines the shortcomings and ways of improvement to better dependent children’s interest from the similar perspective. The purpose of this research is to investigate the concept of custody and best interest, and analyze the existing problems in current cases. Further, it is hoped that the best interest of these dependent children’s custody would be directed to the suitable legal procedure and welfare service. The subjects involved in this research are the children who lost their family members in 921 earthquake, and all the information are obtained from Taichung county government. Individual information has been interpreted with the approach of document analysis; whereas the custody has been explained with the basis of current laws and decrees. It’s essential to dependent children who suddenly lost both of their parents to gain the attached safety again. And the guardian is supposed to help these children reacquire the lost emotional attachment in order to recover from their emotional and physical trauma. Significance of choice of guardian, however, has been influenced by the uncertainty of children’s interest and its follow-up problems in practice and in procedures, which results in high possibility of ineffective practice of dependent children’s custody. To avoid such phenomenon, three principles should be kept in mind in term of the analysis and decision of custody for dependent children’s best interest. Dependent children are surely the ones to be considered most concerning custody, and their own will cannot be excluded from the examination procedure no matter what. Guardian ad item help children present their opinions in court procedures, and seek the best result for children. If the result conflicts with children’s will, based on the principal of “least harm done”, we should look for the best way to have children being harmed least and later adopt the appropriate policy to protect their interest. In other words, custody of dependent children should be from the nurturing perspective so that the consistent and steady care would be provided to enhance dependent children’s ultimate welfare. Therefore, some suggestions have been proposed in hope of more beneficial result for professionals’ and judges’ reference in practice and in their policy-making. In the future, such suggestions are expected to be applied in other catastrophic events as well as in 921 earthquake.