Family Act Article 83

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.

Except as otherwise provided in the statutory law, a court may revoke or amend a ruling made by itself, where the said court deems the said ruling inappropriate and where there exists one of the following circumstances:1. that an interlocutory appeal may not be filed against the said ruling;2. that where against the said ruling an interlocutory appeal may be filed and an interlocutory appeal has been filed, nonetheless the case has yet been transferred to an immediate superior court;3. that the said ruling was made on a matter that is not subject to the disposition of an interested party. Nonetheless, where the interlocutory appeal has been ruled upon by an immediate superior court, the said immediate superior court may revoke or amend the said ruling.Where a court makes a ruling on a matter that is subject to the disposition of a an interested party, and the said ruling denies the petition, the court may not revoke or amend the said ruling in accordance with Subparagraph 1 of the preceding paragraph, unless a petition to that effect is made by the applicant.Where circumstances have changed after the time at which the ruling concerned becomes final and binding, the court may revoke or amend the said ruling.Prior to revoking or amending a ruling, the court shall grant an opportunity to be heard to the interested parties.Except as otherwise provided in the statutory law, the effects of the revocation or amendment of a court ruling shall not be retroactive.
中文原文 家事事件法第83條
法院認其所為裁定不當,而有下列情形之一者,除法律別有規定外,得撤銷或變更之:
一、不得抗告之裁定。
二、得抗告之裁定,經提起抗告而未將抗告事件送交抗告法院。
三、就關係人不得處分事項所為之裁定。
但經抗告法院為裁定者,由其撤銷或變更之。
法院就關係人得處分之事項為裁定者,其駁回聲請之裁定,非依聲請人之聲請,不得依前項第一款規定撤銷或變更之。
裁定確定後而情事變更者,法院得撤銷或變更之。
法院為撤銷或變更裁定前,應使關係人有陳述意見之機會。
裁定經撤銷或變更之效力,除法律別有規定外,不溯及既往。

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