13-year-old Wang Xiaolin did not take online classes for several days in a row, and the homeroom teacher anxiously contacted parents by phone and visited home, but did not see the child's shadow. It turned out that her father thought that she was not serious about online classes at home, confiscated her iPad, and asked her to think about the wall and punish her for kneeling until her fists and feet were added...
Upon learning of this, the mother asked for the transfer of direct custody and the return of her daughter. The Changning District People's Procuratorate supported the prosecution, and the mother got what she wanted, but since then, the father has been strange to his daughter and has broken her heart. In this regard, the Changning District Procuratorate formulated and issued the "Supervision and Guardianship Order". On January 18 this year, at the suggestion of the procuratorate, the Changning District Court issued the Family Education Guidance Order, which is the first Family Education Guidance Order issued in Shanghai since the implementation of the Family Education Promotion Law on January 1.
▲With the picture of the father and daughter Chengfeng to pursue "stick education"
In April 2020, due to the prevention and control of the epidemic, 13-year-old Wang Xiaolin was supposed to take online classes, but did not attend classes for several consecutive days, and the class teacher anxiously called parents and visited their homes, but did not see the child's shadow.
On this day, Xiaolin was online in the online lesson system, the teacher quickly inquired about the situation, Xiaolin complained to the teacher, her father felt that she was not serious about online classes at home, confiscated her iPad, and asked her to think about the wall and punish her kneeling...
Xiaolin has excellent academic performance on weekdays, why was she physically punished by her father? It also started with the divorce of Xiaolin's parents.
In the summer of 2017, Xiaolin's parents divorced through mediation by the Changning District Court due to their broken relationship, and the two sides agreed that their daughter Wang Xiaolin would live with her father Wang Zhihui.
The father did not deny that he had prevented his daughter from taking online classes, repeated corporal punishment, and refused home visits from the class teacher. He hoped that his daughter would become a phoenix, and he had strict requirements for his daughter's study, and Yisheng was anxious and had nothing to do, so he implemented "stick education" for his daughter in a hurry.
When the mother Li Meng learned of this situation, she became emotional and demanded a change in the direct custody of her daughter, intending to forcibly take her daughter away. Xiaolin also wrote down her written wishes of "I want to leave my father, I want to live with my mother".
After procurator Yu Lina, director of the Seventh Procuratorial Department of the Changning District Procuratorate, learned of the situation, she conducted a one-month intervention and evaluation with school teachers and family education instructors.
After the investigation, Xiaolin's father transferred his resentment against his ex-wife to his daughter's harsh demands, believing that his daughter had no cure, so that the teacher would leave it alone, repeatedly preventing his daughter from taking online classes and physically punishing the child. The evaluation results show that the family education guidance of father Wang Zhihui is not cooperative and effective, and there is a danger of further infringement on the ward, in order to prevent more serious infringement, the rigidity of family education guidance should be improved. ”
In June 2020, the Changning District Procuratorate supported Li Meng in initiating a lawsuit to change Xiaolin's custody, and issued a "Support Indictment" to the court. Judge Xu Yefang presided over the mediation, and Xiaolin's parents voluntarily reached a mediation agreement: daughter Wang Xiaolin lived with her mother Li Meng, and father Wang Zhihui paid her daughter maintenance every month.
The father-daughter is like a stranger to the daughter
After the transfer of direct custody, Prosecutor Yulina kept abreast of Xiaolin's status through the school's vice principal for the rule of law, and under the premise of not disturbing her studies, to understand whether the transfer of direct custody was beneficial to the child.
In the summer vacation of July 2021, Yulina chatted with Xiaolin and found that she was depressed, and it turned out that her father never took the initiative to contact her, and did not greet her on the road, which made her very uncomfortable.
Subsequently, Yu Lina found Wang Zhihui to understand the situation, and Wang Zhihui said that her daughter was provoked by her mother, which led to the deterioration of the parent-child relationship, and she was unwilling to continue to perform her maintenance obligations.
"Just because your daughter doesn't live with you doesn't mean you can't afford to support you." Yu Lina explained the legal principles to Wang Zhihui.
Subsequently, the Changning District Procuratorate issued a "Supervision and Guardianship Order" to Wang Zhihui, requiring Wang Zhihui to undertake the obligations of raising, educating and protecting his children, urging him to pay maintenance on time and communicate emotionally with his daughter regularly.
"The daughter has the willingness of father and daughter to communicate, and hopes that the mother will provide convenience for Wang Zhihui to contact and visit her daughter." Yulina went to her mother, Li Meng, and hoped that she would pay attention to her child's emotional needs for parent-child relationships.
▲With picture Changning Court issued the first "Family Education Guidance Order"
In early January 2022, although Wang Zhihui paid the maintenance on time, he still did not take the initiative to communicate with his daughter, did not take the initiative to care about her daughter's life and study, and even did not take the initiative to reply to messages when her daughter took the initiative to contact. Xiao Lin said, "I'm a little disappointed in my father, and I won't have this father anymore."
The father discouraged his daughter, and Yulina felt that something had to be done, coinciding with the official implementation of the Family Education Promotion Law on January 1, 2022, which raised family education from "family affairs" to "state affairs" through special legislation, and clarified from the legal level that parents or other guardians of minors are responsible for implementing family education.
Article 49 of the Family Education Promotion Law provides that where public security organs, people's procuratorates, or people's courts discover in the course of handling a case that a minor has seriously misconduct or committed a criminal act, or that the minor's parents or other guardians have incorrectly carried out family education and infringe upon the lawful rights and interests of minors, they shall be reprimanded on the basis of the circumstances and may be ordered to accept family education guidance.
Therefore, the Changning District Procuratorate formulated and issued a "Recommendation on Ordering acceptance of Family Education Guidance" to the district court, suggesting that the court formulate and issue a "Family Education Guidance Order" to Wang Zhihui, urging him to correctly exercise his right to visit his daughter while performing the mediation agreement in accordance with the law, take the initiative to enhance communication and emotional exchanges with his daughter, and care for and pay attention to his daughter's life, study, and physical and mental health.
"I love my daughter." In the face of the joint admonition of the procuratorate and the court, Wang Zhihui promised on the spot that he would take the initiative to improve communication with his daughter in accordance with the requirements of the guidance order and truly assume the responsibility of a father.
The mother picks up her daughter for the New Year
In fact, the issuance of the Family Education Guidance Order is not a big deal, but only the beginning.
A few days ago, her mother Li Meng went to other provinces to start a business, because of the epidemic situation, she rarely returned to Shanghai, so she took Xiaolin's grandmother to Shanghai to take care of Xiaolin, and the grandchildren needed to run into each other.
Grandma felt that Xiaolin was in adolescence, a little rebellious, said heavy afraid of her sadness, said light afraid that she would not listen, very embarrassed.
Knowing these situations, Yulina left her contact information to her grandmother, so that she had something to know who to find, and also included her grandmother in supportive family education guidance, providing psychological counseling, parent-child communication skills training, parent-child relationship repair and other services.
At the same time, Li Meng, the mother, was supervised by family education guidance, urging her to pay attention to her daughter's physical, psychological and emotional needs, contact and communicate with her daughter at least once a week, and give her family education books, and also provide Xiaolin with community activities, homework counseling, psychological counseling and other services.
For his father, Wang Zhihui, he used compulsory family education guidance to file a file, and entrusted the family affairs nursing station to supervise and evaluate his acceptance of family education guidance and performance of guardianship duties.
On the eve of the Spring Festival in the Year of the Tiger, Li Meng wanted to spend a reunion year with her daughter, so she took Xiaolin to a reunion in other provinces.
The mother-daughter relationship heated up during the Spring Festival, which made Yulina very happy, but one thing also made her fall into deep thoughts.
"When the procuratorial organs issued the "Family Education Guidance Order", they mainly forced parents to write a letter of guarantee and participate in activities through admonition. Once the parents do not cooperate, there are not many methods that the procuratorate can take. In this regard, Yu Lina suggested that parents who do not receive family education guidance should have substantive coercive measures and necessary punishments, such as including parents who do not perform their guardianship duties into the blacklist of the credit reporting system, etc., so as to improve the importance of parents to family education. (All pseudonyms in the text)