The wife sues her husband for divorce
The husband agrees to the divorce
However, both husband and wife did not agree to raise them
Daughter who suffers from depression......
Recently, the Intermediate People's Court of Heze City, Shandong
One such case was announced:
Plaintiff Chang (female) and defendant Wang (male) were introduced to each other, held a marriage ceremony in January 2007, gave birth to a boy Wang Dabao in July 2008, a girl Wang Xiaobao in September 2009, and a marriage registered by the government in September 2010. Wang Dabao is now living with the defendant Wang, who is hospitalized in a hospital for depression.
In the early days after marriage, the relationship between the husband and wife was acceptable, but in recent years, they often got angry and quarreled over trivial family matters, so they sued the court and filed a lawsuit: 1. Judgment on divorce between the plaintiff and the defendant; 2. To raise a legitimate girl, Wang Xiaobao, and the defendant is to pay child support; 3. Divide the joint property, and a family car worth 100,000 yuan.
During the trial, the plaintiff changed the second claim to require the maintenance of a legitimate boy.
Defendant Wang argued that he agreed to the divorce; asked to raise a legitimate boy Wang Dabao, but did not agree to raise a legitimate girl Wang Xiaobao; The car was given to the plaintiff, and the plaintiff gave the defendant 50,000 yuan.
The court did not support the plaintiff's request for divorce
In this case, the plaintiff and the defendant jointly confirmed that Wang Xiaobao, a girl born in wedlock, suffered from depression and was currently hospitalized in a hospital, and Wang Xiaobao needed more care and care from her parents at this time. It is an obligation of the law for parents to raise their minor children, and neither the plaintiff nor the defendant agreed to raise Wang Xiaobao, which not only violated the provisions of the law, but also violated public order and good customs, and should not be advocated, in order to protect the legitimate rights and interests of the minor children, the plaintiff's claim for divorce was not supported.
The court decided: 1. The plaintiff Chang was not allowed to divorce the defendant Wang; 2. Plaintiff Chang's other litigation claims are rejected. (The judgment has entered into force)
The judge held that women and children are in a relatively vulnerable position in family cases, and that the purpose of family trials is to protect the legitimate rights and interests of women and children. Parents have the right and duty to raise and educate their children, and parents should correctly perform their duties and fully fulfill their responsibilities as fathers and mothers. In this case, both the plaintiff and the defendant were unwilling to raise their daughter suffering from depression, which violated public order and good customs, violated traditional morality, and infringed on the legitimate rights and interests of minors.
Divorce is not the best way to solve the problem, and the plaintiff and the defendant should actively repair the relationship between the husband and wife, strengthen communication, enhance understanding and trust, and create good conditions for the growth of their children; If the relationship between the husband and wife has indeed broken down and the marital relationship cannot be maintained, the issue of raising minor children should be properly handled so as to protect the interests of minors to the greatest extent.
Links to legal provisions
Article 10 of the Civil Code of the People's Republic of China: Civil disputes shall be handled in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.
Article 1084: The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or the mother. After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
Text source: China Law Popularization Editor: Mu Nan Proofreader: Mei Duo