The nation's first family education order: It is a mirror that every parent can look at

Whether it is illegal for parents to throw their children away to nannies to raise children How to crack "widowed" parenting

The country's first family education order is ruthless but affectionate

First clean/photograph

"This family education order does not simply deprive parents of the right to change custody, but gives parents a chance to change, the purpose is to awaken the parents' sense of subject responsibility." On January 6, the Tianxin District People's Court in Changsha, Hunan Province, heard a custody change dispute and issued a family education order against the guardian's dereliction of duty.

The Family Education Order is a compulsory judicial order issued by the People's Court, which is the first family education order in China after the Family Education Promotion Law was officially implemented on January 1 this year.

The promulgation of the Family Education Promotion Law marks the rise of family education from a traditional "family affair" to an important "state affair". In the eyes of Sun Yunxiao, vice president of the Chinese Family Education Society and vice chairman of the Family Education Guidance Committee of the Ministry of Education, "This is a law full of warmth, but at the same time it has grown 'teeth', established a new pattern of family education, and returned the concept of family education in China to its essence and played a role in clearing the source."

For young people, entering a new era of "according to the law" with a baby, are you ready: is raising a child just to let him eat well, drink well, and be busy with make-up exams? Is it illegal for parents to dump their children for a nanny to take care of? How to crack the "widowhood" parenting?

Personal upbringing and strengthening of parent-child companionship is a rule of law principle

This is a somewhat poignant true story.

8-year-old Hu Mouxi's parents fought a lawsuit over custody of her. It turned out that on August 10, 2020, her biological father Hu mou and her mother Chen mou agreed to divorce, and the two parties agreed that the daughter Hu Mouqian would be raised by Chen. Chen remarried after divorce and moved into a new rental house with Hu Mouqian, resulting in Hu Mouqian not being able to go to school for two weeks. After Hu mou learned, he found full care for his daughter and asked for a nanny, trying to fulfill his duty of raising and caring for his 8-year-old daughter in this way, and he did not live with the child, but only picked up his daughter on the weekend.

On October 27, 2021, the Tianxin District People's Court of Changsha City accepted a dispute over the change of custody between plaintiff Hu and defendant Chen, and Hu requested the court to order the custody of hu mouqian, a daughter born in wedlock, to change the custody of hu mouxi.

After trial, the Juvenile Court of the Tianxin District People's Court of Changsha City rejected Hu's litigation claim in accordance with the law and ruled that the defendant Chen continued to perform his guardianship responsibilities. However, the dereliction of duty of the legal guardian Chen X was corrected in accordance with the law, and in accordance with the relevant provisions of China's Law on the Protection of Minors and the Family Education Promotion Law, the Tianxin District People's Court of Changsha City issued a family education order to the derelict guardian Chen X in accordance with the law.

Sun Yunxiao said: "In the Family Education Promotion Law, there is a clear expression such as 'personal parenting and strengthening parent-child companionship'. This means that parents personally nurture and strengthen parent-child companionship, which is an unshakable principle of the rule of law. ”

Zhou Dan, president of the Tianxin District People's Court in Changsha City, Hunan Province, said that "nurturing" has two aspects: "nurturing" and "nurturing." "Raising" is the most basic food and clothing conditions for children, and "education" is for the child's physical and mental health and character development. "In this case, the mother did not perform her duties and the father was not qualified. He was close to his daughter, but he gave the child to the nanny and only went to see it once a week or even two weeks."

An important reason why the custody of the child Hu Mouxi has not changed is that the child has expressed a subjective willingness to live with the mother.

Sun Yunxiao pointed out that the family education promotion law gives a clear positioning for family education, and the essential feature of family education is life education, which is the fundamental task of Lide tree people, which includes five aspects: moral character, physical quality, life skills, cultural accomplishment, and good habits. "A very key principle of this law is to establish the main responsibility of parents and other guardians in family education, and parents fulfill the main responsibility to help minors grow up healthily."

The family education order is a mirror that every parent can look at

The family education order issued by the Tianxin District People's Court ruled that Chen should pay more attention to Hu Mouqian's physical, psychological condition and emotional needs, contact and communicate more with school teachers, and contact teachers at least once a week to understand the details of Hu Mouxi's situation. At the same time, it was ruled that Chen and Hu Mouqian lived together, earnestly performed their guardianship duties, assumed the main responsibility for family education, and must not let Hu Mouxi live alone with the nanny, and should be raised and accompanied by her mother or close relatives.

Regarding the content of the family education order ruling, Sun Yunxiao interpreted: "It is said that the law is ruthless, but the family education promotion law contains infinite affection. The main purpose of this law is not to punish, in addition to clarifying the main responsibility of parents, it also clarifies the legal responsibility of governments at all levels and all parties in society. Therefore, this law is not only a solemn national law, but also a textbook of family education, which declares and advocates the correct concept and method of family education on behalf of the state, and establishes a new pattern of family education. ”

The reporter of China Youth Daily and China Youth Network noted that the family education order issued by the Tianxin District People's Court is valid for one year, and before the ruling expires, Hu Mouxi himself or the unit closely in contact with Hu Mouqian may apply to the people's court to revoke, modify, or extend the family education order according to the actual situation; if the obligatory defendant Chen X violates the ruling, depending on the seriousness of the circumstances, he will be reprimanded, fined, or detained; if it constitutes a crime, criminal responsibility will be pursued according to law.

Zhou Dan said that the family education order has its own declaration function, and every parent can use the family education order as a mirror to see if it has the same behavior as the parties in this case and whether it needs to be further corrected in accordance with the family education order.

Sun Yunxiao pointed out: "The Family Education Promotion Law is a very warm law, but it does not mean that there are no 'teeth', its 'teeth' are still very strong, and the relevant legal departments can punish parents who have neglected their duties and guardians who have hurt their children, and correct them within a time limit." At the same time, the relevant provisions of laws such as the Law on the Protection of Minors and the Law against Domestic Violence complement the implementation of the Law on the Promotion of Family Education. ”

The shared love and responsibility of parents cracks the "widowhood" of parenting

Once, Sun Yunxiao gave a family education class at Qingdao University. After the class, an audience member took the initiative to come and tell him his own story, her father worked far away in Qinghai and rarely saw her, but his father was her dearest person and helped her the most. It turned out that from the first grade of elementary school to the graduation of college, her father corresponded with her more than 2,000 times, and she and her father were good friends who talked about everything.

She is thousands of miles away from her father, but she has established a warm and powerful parent-child relationship.

A survey of the current situation of family education released by the Children's Work Department of the All-China Women's Federation shows that in terms of children's education, nearly half of the families' fathers are "absent", and the mother has become the absolute protagonist.

For this kind of "widowed" parenting phenomenon, Sun Yunxiao pointed out that many fathers attribute the "absence" of their children to too busy work and no time, "This is a blind spot in understanding, it is a pseudo-problem, and even busy fathers can become good fathers, the key is whether there is true love and responsibility for their children in their hearts."

"The main responsibility of family education is not knowledge education, but life education." Sun Yunxiao believes that the relationship between parents and children determines the success or failure of family education, and if the parent-child relationship is good, education may be successful; if the parent-child relationship is bad, education will be a failure, "It depends on whether the parents personally raise their children and give high-quality companionship."

"The introduction of the Family Education Promotion Law has helped to alleviate or even gradually change the situation of 'widowed' parenting." Sun Yunxiao said that it is not easy to promote this problem, which requires the formation of a joint force between all parties in society and the law.

Li Hong, a girl born in Tianjin, has been exercising since she was 7 years old, and her father accompanied her daughter to run every morning for 12 years until she graduated from high school. Later, during her studies at Tsinghua University and Harvard University, Li Hong's running habit has been adhered to, and now Li Hong is the chief representative of the International Olympic Committee in China.

Sun Yunxiao said: "The main responsibility of family education is not only the responsibility of the mother, the father is also responsible, and the family education promotion law emphasizes common parenting." There is no shortage of such vivid examples around us, which show that fathers are a particularly precious resource for family education, and once fatherly love is awakened, the power is very great. (Reporters Cui Li, Li Guijie, Han Biao)