| Summary: | 碩士 === 國立政治大學 === 法律學系 === 107 === The divorce rate has been increasing since 2013. The affected minor children are numerous. Nowadays, at this time with such frequent divorcing, their rights and interests must be protected and focused. To do so, substantive laws and procedural laws are essential. If parental rights are to be decided by the courts after parents’ divorce, the courts shall consider all conditions that gives minor children the best interests in case of assuming the rights and obligations of minor children in accordance with Article 1055-1 of Civil Code. In terms of substantive laws, multiple factors of decisions for minor children’s best interests are included but not limited to the courts, which shall consider all conditions. Hence, it is to understand whether the courts will emphasize specific factors when comes into minor children’s best interests. Such interests are abstract, thereby difficult to be carried out in actual circumstances. Factors including the judges themselves, living conditions, gender, education, friendliness, and so on may affect the courts’ decision making. In terms of procedural laws, one of the purposes of legislating Family Act is to protect the interests of minor children. Relevant procedural regulations exist in the general principles and parent-child relation matters. The study will discuss on both aspects of substantive laws and procedural laws.
Chapter II will start with the best interests of minor children, discussing on the origin and development as well as principles of presumption. International conventions will also be mentioned, especially Convention on the Rights of the Child.
Chapter III will include the regulations, challenges, and determining criterion in terms of the best interests of minor children, and conclude some categories and principles among the various factors. Such is the very foundation of Court’s Judgment in Chapter V.
Chapter IV discusses on the issues of procedures as well as those generated by events of assuming the rights and obligations of minor children in the general principles and regulations of parent-child relation matters of Family Act. Since mediation is in priority, matters can be resolved if mediation can be carried out. However, issues of whether the children should participate in the mediation or whether it is appropriate to solve domestic violence by mediation might be generated, which will be discussed in this Chapter. As for the assistance of experts, positions, functions, and missions of social workers, procedural supervisor, and family affair investigators will be discussed as well. In addition, since Convention on the Rights of the Child focuses on the expression rights of minor children, this chapter will include the parts of how to protect such rights.
Chapter V intends to understand the factors of decision making in actual judgment as well as to understand the accepting ratio of opinions from minor children and experts by analyzing 291 judgments. Finally, Chapter VI will give out the conclusions and suggestions.
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