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The man sues for divorce, the woman obtains custody and maintenance, and the proportion of housing is divided into Xuanwu District Mediation Case Lawyer Skills _ Children

Release Time:2022-04-15 Topic:Stock Litigation Attorney Fee Ratio Reading:24 Navigation:Stock Liao information > Emotion > Marriage > The man sues for divorce, the woman obtains custody and maintenance, and the proportion of housing is divided into Xuanwu District Mediation Case Lawyer Skills _ Children phone-reading

We provide the child's willingness to live with us and the child's basic expenses

Financial management, deposits, Alipay, etc. have also been continuously presented in multiple court trials

This case belongs to the content Many, medium difficulty

Zhuang Ronghua's team of lawyers used their unique divorce property skills to obtain the final victory

Judicial documents:

Nanjing City, Jiangsu Province Xuanwu District People's Court

Civil Mediation Letter

(2018)Su Minchu No.

Plaintiff: A, male, Han nationality, living in Nanjing.

Defendant: B, female, Han nationality, living in Nanjing.

Attorney ad litem: Zhuang Ronghua.

Plaintiff A v. Defendant B in the case of a divorce dispute. After the court filed the case on December 3, 2018, the court applied the summary procedure in accordance with the law and held a public hearing on December 28, 2018.

A filed a lawsuit to this court: 1. A and B shall be decreed for divorce; 2. The child born in wedlock shall be raised by A. Facts and reasons: A and B registered their marriage in 1999 and gave birth to a son C in 2002. After marriage, the two sides often quarrel over trivial matters due to their incompatible personalities. Although they have lived together in Xuanwu District since 2013, their economy and life are independent of each other. There is no communication between husband and wife. The relationship between husband and wife has indeed broken down. as requested.

During the trial of this case, after mediation presided over by this court, the parties voluntarily reached the following agreement:

1. A and B divorced on February 15, 2019.

2. The legitimate child C of both parties is directly raised by B; from February 2019, A will pay C 3,000 yuan for the month of child support on the 15th of each month until C is 18 years old.

3. The property rights of the Xuanwu District property registered under A's name are owned by A; B shall hand over the property ownership certificate to A before March 30, 2019, and B shall The home was vacated to deliver A.

4. A set of Xuanwu room houses registered under the names of A, B, and C are jointly owned by A, B, and C. Among them, A holds 7% of the property rights and C holds 33% of the property rights. The property rights share, B holds 60% of the property rights share; A is responsible for repayment of the remaining loan principal and interest of the house; B remits 72,000 yuan to the loan repayment account under A’s name before March 30, 2019 to repay the remaining loan; the Within 30 days from the date of repayment of the remaining principal and interest of the housing loan, B, A, and C cooperate with each other to go through the registration procedures for property rights change. A shall bear 40% of the registration fee and B shall bear 60%; Both parties go through the registration procedures for property change, and A and B will handle it themselves; A will move out of the house before May 1, 2019.

5. The insurance cash value, bank deposit, provident fund balance, stock account balance, Alipay balance and WeChat balance under each person's name belong to each person.

6. The case acceptance fee of this case is 26,740 yuan, and the mediation fee is 13,370 yuan halved, which is borne by A.

The above agreement complies with the relevant laws and regulations and is confirmed by this court.

This mediation agreement shall have legal effect upon receipt by both parties.

Nanjing Xuanwu District People's Court

February 15, 2019

Lawyer Comments:

Every Divorce Almost all cases involve the division of property, and the scope of the division is usually very large.

Divorce decision matters far more than marriage. A good divorce result can affect one's life and the life of family and children.

Attorney Zhuang Ronghua shares the core and effective lawyer methods for fighting for child custody:

Divorce child custody judgment standards and fighting skills

Whether it is the legal provisions of the National People's Congress, the judicial interpretation of the Supreme Court, the Supreme CourtThe speeches of the Chief Justice of France, the minutes of relevant meetings, the concepts and policies of judicial adjudication, and the maximization of children's interests are always a constant premise.

Attorney Zhuang Ronghua is now discussing the general concept of maximizing the interests of children, combining legal provisions and conventional judicial judgments. The skills and judgment standards for child custody are described as follows.

Beijing No. 1 Intermediate Court held a press conference on "Trial of Disputes over Minor Child Support Issues and Reminders of Typical Cases", "Judge's Suggestion: The Principle of Maximizing Children's Interests Should Be First" .

Article 22 of the "Guangdong Court Family Trial Work Regulations (for Trial Implementation)" stipulates that "if it involves the determination of the custody of minor children, the party applying for custody shall provide evidence to prove that the application meets the requirements of minors. the best interests of the child.” It is sufficient to prove that the maximization of the interests of the children is the core principle for the court to determine the ownership of child custody.

Framework (Five Key Aspects of the Core)

1. The ability to support direct supporters

The ability to support the direct supporter. The ability to support should include factors such as the supporter's health status, personal character, education level, economic ability, living conditions and occupational status. Because these factors often involve whether the supporter can fully exercise and bear the rights and obligations of the children, it should be the first consideration.

Judicial judgments usually take into account stable income, working hours, temperament, Living habits, parent-child relationship with children, cooperative attitude towards child support and visitation rights, personal qualities of the parties, family environment, emotional factors between parents and children, and living and support status of the elderly.

2. Willingness to raise children

Willingness to raise children and their feelings and attitudes towards children. Because these factors are related to whether the parent is willing to put in effort in the future and strive to seek the greatest happiness for the child, they are important factors to be considered when deciding the direct parent of the child.

The planning for the placement, future life, medical care, and education of the children after divorce, especially the children entering a single-parent environment must be different from normal families. Therefore, the actual parent should make more contributions to achieve Protect and improve children's future living conditions.

Minor Child Support Planning. The contents include:

(1) The living place of the minor children;

(2) The education plan for the minor children;

(3) Other minor children Growth planning;

(4) Economic security for the realization of the planning.

3. Characteristics of children

The age and gender of the children. Under normal circumstances, young children are suitable for mothers to take care of, while children of the same sex have more convenient and natural communication with their parents, which is also in line with the laws of gender development. Therefore, young children can be raised by the mother, and when the children mature to the stage of gender identity, they will be raised by the same-gender father or mother according to the children's wishes

Analysis from the perspective of the child's age

1. Children under the age of two

Children under the age of two generally live with the mother. If the mother has one of the following circumstances, she can live with the father:

(1) Suffering from an infectious disease or other serious disease that cannot be cured for a long time, and the child should not live with her;

( 2) There are support conditions and the parent does not fulfill the support obligations, and the father requires the children to live with them;

2. The children are over two years old

For minor children, both the father and the mother request to live with them, and priority may be given to one of the following situations:

(1) Those who have been sterilized or have lost fertility due to other reasons;

(2) With the children living for a long time, changing the living environment is obviously detrimental to the healthy growth of the children;

(3) There are no other children, and the other party has other children. ;

(4) It is beneficial for the growth of the children to live with them, while the other party suffers from infectious diseases or other serious diseases that cannot be cured for a long time, or has other circumstances that are not conducive to the physical and mental health of the children. living together.

3. Children over the age of eight

If there is a dispute between the parents over a minor child over the age of ten living with the father or the mother, consideration should be given to the children's opinion.

The opinion of minor children is an important factor for the court to refer to in the judgment, but it does not mean that the child has chosen a certain party. The people's court still has the discretion and comprehensive judgment in accordance with the law to obtain 100% of the child's custody.

From the perspective of long-term life, education and stable environment.

The continuity and adaptability of the child's educational environment. Consideration should be given to the child's growth environment and the stability and continuity of the care provided by the parents, and try to maintain the child's growth environment (such as close relatives' care, family environment, and school or community growth environment) as similar or consistent as possible before and after the parents' divorce. As children live longer, changing the living environment is obviously detrimental to the healthy growth of children

The nearby educational environment, familiar and mature living communities, have positive significance for children's schooling and life.

Fourth, close relatives assisted in raising, etc.

Such as close relatives’ willingness and ability to assist in caring, children’s dependence and feelings on both close relatives, etc., Taking into account the basic conditions of the parents of both parties, such as age, energy, health, and economy, the transportation and company of children before and after school.

"Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues by People's Courts in Trial of Divorce Cases" stipulates that "the conditions for raising children by the father and the mother are basically the same. If the grandparents or grandparents have lived together for many years, and the grandparents or grandparents request and have the ability to help their children take care of their grandchildren or grandchildren, they may be considered as a priority for children to live with their father or mother.”

5. General situation

The supporter usually not only needs to have good comprehensive support conditions, but also should not have bad habits, such as drug addiction, gambling, domestic violence and so on.

Special reminder:

The principle of taking care of the wife is an important consideration in the marriage law when fighting for child custody.

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