laws

Family Laws in Taiwan

9/23/2015


Family law and a woman’s position at home


Working hard for a long time female lawyers, members of the Awakening Foundation, in association with some women legislators in Taiwan had input into the revision of Family Law, which was amended on September 7, 1996.

Protest against a constitutional amendment banning same sex marriage

Dates, money and house chores

The compatibility of paid jobs outside the home and unpaid jobs within the home is a major problem for working women. As a result, women experience family-career conflicts more or less. 

Sarcastically, things about the demanding related to in-law relationship seem hard to deal with for daughter-in-law feeling troublesome, which mostly are not experienced by son-in-law.  

Carol is absentminded this morning while doing her new on-line project. She can’t get rid of the look of her mother-in-law, adding wrinkles to her already withered lips and tears in the corners of her eyes when they visited her. David seemed lost too. Now, she’s even thinking about the worst of hospice care they might face someday. She is a little bit disturbed when the mobile phone sings her favor song. The number tells her it’s Sera.

Carol: Hey, Sera. Are things going well?
Sera: Thanks, Carol. We had dinner last night.
Carol: Good for you. So?
Sera: Are you busy now? You sound occupied with something. Is Tiny okay?
Carol: Yes, he’s fine, but my mother-in-law…
Sera: She is in poor heath I remember you mentioned a while ago. What happened to her?
Carol: As you know after implanting a new liver, she did realize that health is irreversible and has been trying to look after herself at best she can. But, some symptoms of a stroke appear when we visited her last night. She can’t raise her right arm and looks awkwardly to move her right foot, slanting the whole body to the right. What if we hadn’t gone to see her yesterday? We called 119 immediately (911 in the States, 119 in Taiwan instead). She’s been hospitalized since then. David takes two days off to accompany her. If needed, we’ll stay with her in the hospital alternately. You know it was just unpredictable. We thought she was getting better whenever we talked to or visited her. In fact, we know we would shoulder the responsibilities when the time comes, but we didn’t expect it had come earlier than we thought.

(She sighed with helplessness and silence comes between both of them.)  

Sera: Carol, don’t put too many thoughts on this. I understand there surely is a lot for             you and David to take in.
Carol: I don’t know. I just need to wait and see. I told myself to be optimistic.
Sera: Yes. You should be! Maybe I call you some other time.
Carol: No! Don’t do that. It’s good to chat with you. I just need to distract myself from the non-stop terrible thinking.
Sera: Are you sure? I’d hang up if David calls you. Is it okay?
Carol: Yes, now you just tell me your love story.
Sera: Okay, last night we did talk a lot about what was indeed bothering us. They might be cultural things or personal differences that arose often. We agreed that we’d try to find a better way to stop things like that to occur again. Now, I believe we are both as happy as a clam.
Carol: I’m not with you. What sort of cultural things?
Sera: Okay, let me put this way. Sean is very thoughtful and generous I admit. On the other hand, he sometimes asks me to share what we spend together. There comes an example. He might wait me to pay money for the movie tickets if the dinner is on him. I’m very uncomfortable to do that in front of people. You know I have a kind of feeling that people might think I’m cheap to do this for a foreign boyfriend.
Carol: Hey! I don’t take sides with Sean. This is not about culture, but the way you’re dealing with this. Before I married David, we footed the bill  in turn. Don’t tell me you hadn’t paid before you dated with your ex, Tony.
Sera: Of course, no! Not a “once.”
Carol: Really, I’m surprised we didn’t talk about this before. Would you want my advice seriously? It’s absolutely not Sean’s problem, but yours, Sera. Sean told me several times that he really appreciates that you accompany with him while he is alone far away from his home, but he helps you a lot too. Don’t you think so? David and I think you two  match up nicely. Are you listening?
Sera: Yes, it’s true. And I think you’re right about everything. I truly owe you a lot. You always offer me a friendly ear when I need to talk. Thank you, Carol.
Carol: Don’t mention it. I know you do the same if I need.
Sera: Of course, I’ll take care of Tiny if need be. So, call me when you find out what you have to do for your mother-in-law.
Carol: Yes, I will and talk to you soon.

Mother and Daughter

Before the law amended

Before September 7 in 1996, married women were at a great disadvantage as a consequence of divorce. The husband was granted the right to manage and use the shared or family property while the wife was allowed to do so only with the permission of her husband. The divorced husband had the custody of children.

Following a divorce now, even though the provisions of alimony have not been discussed and included in Family Law, a woman owns her properties in her own name and may have the custody of her children. However, it's very likely that poor women in general will lose custody in a divorce case if they cannot prove that they are able to give their children a proper care.  Only women with qualifications which fit them for a career can apply for custody. 

One law has also been revised in May, 1999. That is a foreign spouse is allowed to apply a Taiwanese citizenship. However, he/she must give up his/her nationality first before conducting this affair. Otherwise, a foreign spouse can stay in Taiwan permanently only not as a citizen. There is an interesting thing, which is a Taiwanese can hold more than one citizenship, surely not only one if he/she is able to, without abandon the Taiwan’s citizenship.



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