Today, the Baiyun District People's Court of Guangzhou City issued the province's first "Family Education Warning Letter" in response to the improper performance of family education by divorced parents as guardians and the infringement of the physical and mental health of minor children, in response to a dispute over the change of custody rights, and cooperated with the Women's Federation to provide family education guidance to parents.
▍ Fight for custody of children Divorced couples go to court
Fang Fang (pseudonym) and Liu Sheng (pseudonym) divorced in 2019 after litigation due to emotional discord, and the court ruled that the minor daughter Xiao Liu (pseudonym) was carried and raised by her father Liu Sheng, and the son was carried and raised by her mother Fangfang, but Xiao Liu has been living with her mother Fangfang.
In July 2020, Fang Fang requested the court to change the custody relationship of her daughter Xiao Liu to directly raise her daughter On the grounds that Liu Sheng had not fulfilled her maintenance responsibility, and the Baiyun Court rejected Fang Fang's litigation claim in the first instance, and the Guangzhou Intermediate Court in the second instance upheld the original judgment.
In October 2021, Fang Fang sued the court again to change the custody of her minor child Xiao Liu. During the trial of the case, the judge undertook the case and found that the parties had repeatedly resorted to the court in order to compete for Xiao Liu's custody, causing serious trouble and harm to Xiao Liu. Both sides argue fiercely, both want custody of their daughters, but due to mutual resentment, it is difficult to reach an agreement on the issue of child rearing, from the early to the growth of children, parents have been in conflict, resulting in children in a long-term family relationship tension, contradictions and conflicts continue to be in the atmosphere, lack of security, parents failed to cooperate with each other to perform family education responsibilities. Daughter Xiao Liu also once again expressed her desire to live with her mother.
Considering that Xiao Liu has reached the age of fourteen, is currently a junior high school student, is in the critical adolescence of growth, divorced parents to fight against the fierce living environment is not conducive to his healthy growth, Baiyun Court with the help of the cooperation platform with Guangzhou Baiyun Psychological Hospital, in the process of trial of the case, entrusted a professional psychologist to carry out psychological counseling for Xiao Liu, through the sandplay science portrayed Xiao Liu's true psychology, timely guide Xiao Liu to soothe his emotions, and provide a reference for the court to measure the ownership of custody. At the same time, the psychologist also conducted psychological counseling for Xiao Liu's parents.
According to the psychological assessment file, the father Liu Sheng was less involved in the parenting process and lacked emotional communication with Xiao Liu; the mother Fangfang cared for her children but failed to pay full attention to their mental health, only accepting that the child showed a positive and happy side, and there was emotional neglect and inability to respond to Xiao Liu's negative emotions. Due to the long-term fierce conflict and mutual resentment of the parents, both parents have failed to cooperate with the correct implementation of family education.
▍ The court issued a family warning letter
The family is a warm harbor, considering that the confrontation between the parents may cause secondary harm to the child, the undertaker judge educates and guides the parents.
In order to help Fangfang and Liu Sheng correct their guardianship dereliction of duty and effectively guide both parties to correctly perform their guardianship obligations and guardianship duties through family education, the undertaker issued a "Family Education Warning Letter" to Fangfang and Liu Sheng, and cooperated with the Guangzhou Women's Federation to entrust Dr. Jin Feng, a specially appointed family education expert of the Guangzhou Women's Federation and vice principal of baiyun District Parent School, to conduct professional family education guidance to the parties, focusing on how to adjust communication skills and improve family atmosphere. Raise educational concepts and other aspects to guide parties to change family education methods and methods, and truly bear responsibility for guardianship and education of minors.
Fang Fang and Liu Sheng both expressed their awareness of the problems existing in the performance of guardianship duties and the implementation of family education, and said that in the future, they will strengthen learning, master scientific knowledge and methods, and correctly educate their children.
▍ Judge's message: Parents should fulfill their responsibilities in accordance with the law
The economic and method official pointed out that the "Family Education Warning Letter" issued this time is the first "Family Education Warning Letter" in the province after the implementation of China's Family Education Promotion Law, and it is a major exploration of strictly implementing the Family Education Promotion Law. The promulgation of the admonition is an innovative judicial practice in which the people's courts give full play to their adjudication functions, strengthen coordination and cooperation with the Women's Federation and other relevant functional departments, and jointly do a good job in family education work; it is conducive to correcting parental guardianship dereliction of duty, guiding parents to correctly implement family education, promoting the lawful and responsible taking of children in accordance with law, truly safeguarding the lawful rights and interests of minors, and helping minors grow up healthily.
The family is the child's first life classroom, parents are the child's first teacher, good family education, for the child's overall healthy growth is crucial. In the future, the Baiyun Court will continue to strengthen the work of family trials in the new era, taking the implementation of the Family Education Promotion Law as an opportunity to serve the "Family Education Warning Letter" to parties involved in the upbringing and education of minor children, informing them that even if the husband and wife are separated or divorced, the responsibility for the family education of minor children is not exempted, and if they neglect to perform their family education responsibilities, they will be reprimanded according to the situation, ordered to accept family education guidance or take other compulsory measures. It is hoped that both husband and wife should fully understand the responsibility of parenthood at all times, strengthen the awareness of family guardianship, and let minor children grow up healthy and happy in love and companionship.
Text, photo/Guangzhou Daily, Xinhuacheng Reporter: Charter Correspondent: Yun Faxuan
Guangzhou Daily New Flower City Editor: Long Chengliu