Family Act Article 15

This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.

In handling a family matter, the court may, upon motion filed by the interested parties or on its own initiative, designates a guardian ad litem in any of the following situations:1. where there is likely to be a conflict of interest between the person who does not have the capacity to represent oneself in proceedings and the statutory agent of the said person;2. where the statutory agent of the person who does not have the capacity to represent oneself in proceedings is not able to perform the authority of agency or has difficulties in performing such authority;3. where the court considers it necessary to protect the interest of the person who does not have the capacity to represent oneself in proceedings.In situations as provided in Paragraphs 2 and 3 of Article 14, the court may on its own initiative designate a guardian ad litem.Subsequent to the designation of the guardian ad litem in accordance with the preceding two paragraphs of this Article, the court, when considers it necessary, may revoke or modify the designation concerned by a ruling at any time.Prior to making a ruling with regard to those provided in the preceding three paragraphs of this Article, the court shall grant an opportunity to be heard to the parties, statutory agents, the person who has been designated or other interested parties who are known to the court to be carrying out their functions. The preceding does not apply to situations where such an opportunity to be heard is difficult to be realized, poses a threat to the health of the relevant parties, or causes a manifest likelihood to delaying the proceedings.
中文原文 家事事件法第15條
處理家事事件有下列各款情形之一者,法院得依利害關係人聲請或依職權選任程序監理人:
一、無程序能力人與其法定代理人有利益衝突之虞。
二、無程序能力人之法定代理人不能行使代理權,或行使代理權有困難。
三、為保護有程序能力人之利益認有必要。
前條第二項及第三項情形,法院得依職權選任程序監理人。
法院依前二項選任程序監理人後,認有必要時,得隨時以裁定撤銷或變更之。
法院為前三項裁定前,應使當事人、法定代理人、被選任人及法院職務上已知之其他利害關係人有陳述意見之機會。
但有礙難之情形或恐有害其健康或顯有延滯程序者,不在此限。

English translation for reference only; the Chinese text prevails. Not legal advice.