Huai'an Intermediate People's Court Releases Top Ten Typical Execution Cases in 2021 (9)

According to the Huai'an Court:

Today we look at the ninth case

Warm execution, breaking the difficult problem of the enforcement of visitation rights

Brief facts of the case

In 2019, Chen Jia and Chen Yi went to court for divorce due to emotional incompatibility. In order to ensure the child's good treatment and living conditions, the court ordered that the small custody should be owned by the father, and the mother Chen Yi paid monthly maintenance until the child reached the age of 18 and could live independently.

With regard to the mother's right to visit, the Court wanted both parents to reach a consensus resolution. For various reasons, the two sides have been unable to reach an agreement on the issue of visitation, resulting in Chen Yi's inability to visit the children smoothly for nearly two years after the divorce, and in desperation, Chen Yi applied to the court of Huai'an Economic and Technological Development Zone for compulsory enforcement.

Investigation and Processing

After communicating with Chen Jia, the judge learned that Xiao Xiao was currently receiving treatment, due to his young age, coupled with the fact that his mother had not been around for a long time and was affected by the disease, the child forgot the existence of the mother, Chen Jia was worried that hastily visiting would affect the child's condition, and he expressed his willingness to communicate with Chen Yi before making plans. However, the communication between the two sides failed again, which also made Chen Yisizi's mood more and more intense.

In mid-March 2021, with the efforts of the judge, Chen Yi visited the kindergarten where he was studying in the kindergarten through video surveillance, and after the judge communicated with the kindergarten many times, the kindergarten agreed to let Chen Yi contact xiaoxiao in the kindergarten first and slowly establish an emotional connection.

On the second day that Chen Yi was alone in the kindergarten, Chen Jia reflected to the judge that xiao xiao had a greater emotional change after contact with his mother, and his reaction was too extreme, and he refused to go to kindergarten again. From the perspective of protecting the children, the kindergarten said that it would no longer cooperate with Chen Yi to visit XiaoXiao in the kindergarten.

In order to fulfill Chen Yi's dream of visiting children, on April 23, the court once again presided over the consultation between the two sides, Chen Jia detailed Xiao Xiao's current physical and treatment situation and Chen Yi's small emotional reaction after visiting the kindergarten, considering Chen Yi's heartfelt heart, Chen Jia said that he agreed to let Chen Yi visit Xiao Xiao accompanied by him.

On May 13, the judge made a special trip to Nanjing Brain Hospital to consult with experts on the small condition and visitation situation, in view of the small condition and the actual situation of not seeing the mother for a long time, the expert suggested that the visitation is gradual, you can first deepen the impression of the mother through video visitation, and then make further contact to reduce the resistance of the little to the mother and help the little to gradually accept the mother. With the help of the judge, Chen Yi repeatedly contacted Xiao Xiao through video.

On June 16, under the re-organization of the judge, Xiao Xiao, accompanied by his father and grandparents, went to the court, and Chen Jia said that Xiao Xiao could meet his mother in the conference room. However, in the unfamiliar environment, Xiao Xiao was obviously a little restrained, in order to stabilize Xiao Xiao's emotions, with the consent of the judge, Chen Jia took out his mobile phone from the security checkpoint and eased Xiao Xiao's nervousness through mobile phone games.

In the conference room, Xiao Xiao played games while chatting with his mother, the atmosphere became more and more harmonious, with xiao yi's consent, Chen Yi took Xiao Xiao to the court litigation service hall to play together, Xiao Xiao communicated well with his mother, and there was no excessive reaction when he was alone, the whole visitation process was very complete, and the first complete and smooth visit in two years was realized.

Typical

As the saying goes, "It is difficult for a clean official to break the household chores." Visitation rights cases are generally not difficult and complex cases, but they are the most difficult of all enforcement cases. If the dispute over the right of visitation enters the enforcement procedure, it means that the contradictions between the husband and wife and even the families of the two parties are serious, and they cannot communicate normally, and the children are the most vulnerable to injury in the families of both parties.

In this case, Xiao Xiao suffered from autism and needed to be protected. The judge first chose to let the mother visit in the kindergarten environment, which is more familiar to the child, and in the case of unsuccessful visitation, he specially went to Nanjing Brain Hospital to consult a doctor, combined with the child's condition according to the doctor's suggestion, let the child gradually accept the mother through video chat, and finally promoted a successful visit under the witness of the relatives of both sides.

The judge's carefulness, patience and professionalism made Sizi's heartfelt mother realize the dream of visiting children, and let the children with autism feel the strong maternal love again.