Sense of well-being, sense of gain, sense of security......
The good life we look forward to
It needs to be rich in moral nourishment
It also needs legal protection
Whether it is for professional ethics and social morality,
Or to family virtues, personal virtues,
The role of the law should not be underestimated.
or regulate, or promote, or encourage, or advocate,
The law always goes hand in hand with civilization.
In order to better protect the legitimate rights and interests of women and children, the Zibo Women's Federation, the Municipal Bureau of Justice, and the Municipal Lawyers Association jointly carried out a weekly visit activity for public interest lawyers, that is, public interest lawyers were on duty at the Municipal Women's Federation for half a day and were responsible for answering the legal advice of women and children this week. Duty Lawyer of the Week:
Yu Xiaoxiao
Practice Institution: Shandong Zhongcheng Qingtai Lawyer Group Zibo Office Tel: 15666362346
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Rights protection cases
[Basic facts of the case]
After Zhang and Li got married, they had a son, Zhang Xiaomou, who was 12 years old, and the two parties often had conflicts, and their feelings could not be reconciled, and they finally sued the court for divorce. In February 2021, the court granted the divorce to both parties, and ruled that the legitimate son Zhang Xiaomou lived with his mother Li, and his father Zhang should bear 1,000 yuan in child support every month. After the judgment took effect, Li went out to work and did not actually raise the children, and Zhang Xiaomou was actually raised by Zhang. In June 2023, Zhang sued the court to request a change in the custody relationship, and required Li to pay 1,000 yuan per month in child support and bear 17,000 yuan in child support from February 2021 to June 2023.
【Court Decision】
After trial, the court held that the change of child support relationship should be based on the benefit of the healthy physical and mental growth of the children, and the opinions of the children should be considered for the raising of minors over the age of 8. After asking Zhang Xiaomou's opinion, he was willing to continue to live with Zhang, so Zhang's request to change the custody relationship was supported in accordance with law. Considering the daily needs of the minor and the actual local living consumption level, the plaintiff's demand for Li to pay 1,000 yuan per month in child support is reasonable and lawful, and is supported in accordance with law. In addition, after the judgment of divorce, Zhang Xiaomou was actually raised by Zhang, and Li did not perform the maintenance obligation, and Li should bear the corresponding obligation to pay the maintenance during that period, so Zhang's claim that Li bear the maintenance fee of 17,000 yuan from February 2021 to June 2023 was supported in accordance with the law.
[Lawyer Analysis]
Custody is a personal right of parents to their children, and parental support for minor children refers to the provision of necessary material conditions by parents for the healthy growth of minor children, including nursing, feeding, nurturing, and providing expenses for living, education, and activities. After the parents divorce, the decision on which party the children live with is generally based on the principle that is conducive to the healthy growth of the children. With regard to changes in the relationship between minor children after divorce, the people's courts adhere to the principle of maximizing the interests of minor children, and from the perspective of what is most conducive to the healthy growth of children and protecting the lawful rights and interests of children, hear, screen, and respect the wishes of the children, and appropriately handle them in consideration of the parents' ability and willingness to raise them. After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the maintenance expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
↓↓↓ If you have a legal question and want to consult
It can be done
● Look here, look here, look here! ●
Approach 1
Enter from the menu bar of the Zibo Women's Public Platform
Approach II
Call the rights protection hotline
All-China Women's Federation Rights Protection Hotline: 12338
Source: Zibo Women
Zichuan District Women's Federation