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Two Judgements of Custodian Righs involving foreign nationals as litigants

Provided that any such measures shall be consistent with the principle that all contracting parties are entitled to an equitable share of the international supply of such products, and that

Appendix 9 Two Judgements of Custodian Righs involving foreign nationals as litigants

綜合而論,社工建議由兩造共同監護,因兩造對被監護人均顯得關心,且兩造所能提供 的教養資源可互補(聲請人方經濟較佳,相對人則較了解被監護人行為表現及生活作 息);社工認為在聲請人將居家環境整理後,可讓被監護人住在聲請人住所,由聲請人 負擔其所需經濟,減輕相對人各項負擔等語。此有財團法人「張老師」基金會高雄分事 務所 105 年 1 月 19 日函附之訪視調查報告在卷可稽。(四)本院參酌上開訪視調查報 告及調查事證之結果,認為乙○○有行使未成年子女親權之意願與動機,於經濟狀況、

居住環境、親職能力及支持系統各方面,均無不適宜擔任子女親權人,而相對人雖同樣 表達積極之任親權人之意願,且有相當經濟條件與行使親權之動機,惟本院審酌未成年 子女自幼在台生活,甲○○在未考量對未成年子女而言,即將未成年子女帶離臺灣,致 其生活環境、學習環境、依附關係等驟然改變,必產生適應上之困難,顯有違子女之最 佳利益,且甲○○逕自攜同未成年子女出境,未與乙○ ○協議並已阻礙乙○○親權之 行使,剝奪未成年子女與父親間之親情發展,對未成年子女身心之正常發展,恐生不良 影響。審酌上情,甲○○因有上揭不利於未成年子女身心發展之情事,已不適宜擔任未 成年子女之親權人,是對於兩造所生未成年子女陳OO權利義務之行使或負擔由乙○○

單獨任之,應符合未成年子女之最佳利益。至甲○○指述乙○○有健康不佳、妨礙子女 就學及阻撓探視而不適於擔任子女親權人云云,或無充分證據證明,或無邏輯上之必然 關係,核係為爭取子女單獨親權之行使,所為美化自己、醜化對方之陳述,均尚無足採,

併此敘明。

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Appendix 10 New York Times on Sartin, Cary v. Juan, Nadia 8514/V-00077-04

HEIR & MISTRESS IN A TUG OF LOVE By PHILIP RECCHIA and BRAD HAMILTON

The married owner of a ritzy Park Avenue beauty salon is locked in a bitter custody battle with his ex-mistress - a call girl, he says, who is wanted for kidnapping after she took their love child and bolted for her native Taiwan.

Salon scion Cary Sartin found his 2-year-old daughter in the Taiwanese capital of Taipei on May 5.

Sartin, whose mother founded the Janet Sartin skin-care center at 500 Park Ave., had searched frantically for his daughter, Emily, after her mom, Nadia Juan, absconded with the girl on the eve of a custody ruling in 2004.

But as Sartin tried to return home with the toddler, Taiwanese officials stopped him at the airport, saying the child would have to stay until Juan turned over the baby's passport.

Juan refused, and now the custody squabble will be refought in Taiwan.

Sartin, who was granted custody of Emily by U.S. and Taiwanese authorities, has been besieged by public barbs.

"I've had to drive 120 miles an hour to evade the press here. They've chased me out of three hotels," Sartin told The Post.

He says he's now holed up in Taipei with Emily and a battery of bodyguards.

Sartin says he first came across Juan in 2002 while on the 'Net after separating from his wife.

He clicked onto JulieCutie.net, which promised "an exotic fantasy."

The site showed photos of a scantily clad "Julia Cutie," who, he said, was really Juan. He booked a date.

Juan, however, says she was introduced to Sartin by a roommate.

"She says she never worked as an escort," said a New York friend who has been in recent contact with Juan.

Sartin said that soon after he and Juan began dating, she moved into his Upper East Side apartment. By February 2003, she was pregnant.

Juan has accused Sartin, now 54, of tricking her into getting pregnant so he could give their baby to his childless wife.

Six months into the pregnancy, Juan was admitted to New York Presbyterian Hospital after overdosing on Tylenol, records show.

There, she was diagnosed with a personality disorder.

After Juan was released, she moved out of the apartment and into a flat in Queens.

The couple broke up, he says, because she threatened to deny him visitation rights once Emily was born, in October 2003.

Sartin - who reconciled with his wife - spent the next 11 months in Family Court seeking custody of Emily, and he was on the verge of being granted full custody in September 2004,

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says his lawyer, Philip Greenhaus. That's when Juan fled to Taiwan with the infant. Although Juan declined comment, her attorney told The Post that she spent nearly $70,000 trying to retain custody of Emily, and fled only after "running out of hope." Meanwhile, a warrant for Juan's arrest was issued in New York. The FBI followed suit with a warrant for kidnapping.

Juan has since filed suit seeking to keep the girl. "The Taiwanese government is making Emily a political prisoner," Sartin said, "but I'll stay here for as long as it takes to bring her home." The Taipei Economic and Cultural Office in New York said its government was not available for comment.

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