In the lawsuit between the Taiwanese mother and the adoptive father for the parental rights of the daughter, the righteous father applied to the court for temporary sanction, and the Taipei District Court ruled that the Taiwanese mother should hand over the minor daughter to the adoptive father; and, before the first-instance ruling to change the parental rights, the adoptive father may Take my daughter abroad to live in Italy, etc. After the mother of Taiwan filed a protest and then protested again, the Supreme Court dismissed the protest on February 23, 111. The determination of the temporary sanction and the rulings of the two Taipei District Courts in the previous trial were the subject of this constitutional judgment.
More than two months ago, the Constitutional Court issued a temporary sanction on March 18, today (111), temporarily suspending the enforcement of the court's ruling on the temporary sanction. On May 27, the Constitutional Court made a constitutional judgment, scrapped the originally determined provisional sanction ruling, and sent the case back to the Supreme Court. In the past, it was the Supreme Court that abolished and sent back a lower-level banner design judgment. This should be the first time in history that a Supreme Court decision has been abandoned and sent back. As for the part of this case, on January 6 this year, the Northern Court ruled that the foster father should be appointed alone. The Taiwanese mother filed a protest against this ruling. It has not yet been determined, but this ruling to determine parental authority is not within the scope of this constitutional court hearing.
111 Constitutional Judgment No. 8 is the first constitutional review since the Constitutional Procedure Law was launched. reason. Can a temporary sanction ruling be the subject of a constitutional review? Article 59, Paragraph 1 of the Constitutional Procedure Law stipulates: "In cases where the people have exhausted judicial remedies in accordance with legal procedures, if the legal norm applied by the unfavorable final adjudication or the adjudication is considered unconstitutional, they may Apply to the Constitutional Court for a judgment declaring unconstitutional." This is the legal basis for the ruling on constitutional review. Then, the temporary sanction ruling before the judgment is determined is only the "temporary sanction" before the judgment of this case is determined.