以「離婚後家庭」探討家事紛爭解決非訟法理之適用與界限

This paper aims to tackle the issue of how “post-divorce family” challenges the family court in Taiwan. There are three themes constitutes this paper. In the first part, the author scrutinizes the role shifting of family court judge. The author proposes that the judges in Taiwan’s family court nowadays become the “coordinator” rather than a role of leading the adversarial system. The changing role of family court judge demonstrates in three levels: 1. Looking for mediation rather than litigation. 2. The evidence based adversarial system has been changed according to the characters of family disputes. 3. The third parties become as important as the adversarial two parties. As a result, the Rules of Non-Litigation Event become the vital role in the family dispute settlements. The second part of this paper discusses the child’s lawyer/parenting coordinator’s participation and contributions in the process of divorce disputes. The author looks for the U.S. experience as the comparative material to suggest the future development for child’s lawyer/parenting in Taiwan’s family court. The third part of this paper engages case analyses with the core idea of “post-divorce family” to illustrate the special character of family disputes particularly in the divorced cases that included children custody.