Competing for custody of children, children become chess pieces, reporter investigation
"The child was snatched by his father, what should I do"
● In litigation involving children's custody and visitation rights to the court, about 12% of the cases are accompanied by acts of snatching and hiding children.
Among them, the man who snatches or hides the child is mostly the man
● In addition to liking children, the purpose of some men robbing children is to form a stable life relationship with their children, so as to gain custody of their children and occupy an advantageous position in the division of property; or by "mastering" the children, let the women Promise some unreasonable demands
● It is recommended that relevant judicial interpretations be issued in a timely manner, relevant content should be added to the anti-domestic violence law, and personal rights related to custody disputes should be added to the determination of the crime of refusal
□ The reporter's trainee reporter Zhang Shoukun
□ Our reporter Zhao Li
The child was robbed!
On June 1, Duoduo changed into costumes early in the morning, and took her mother's hand to the kindergarten.
Suddenly, a group of people rushed out and snatched Duo Duo away.
It is not someone else who snatches the child, but Duo Duo's biological father.
Duo Duo’s mother, Pan Yanmin, told the reporter of the Rule of Law Daily that she and her husband had been separated for a long time due to emotional discord. They had sued for divorce but failed. She took her children to live outside, and she never expected that her husband would steal the children.
Some time ago, Pan Yanmin, exhausted physically and mentally, agreed to the court to mediate the divorce, and Duo Duo's custody belonged to the man.
"When the child was robbed, I kept yelling'help, help me,' and that voice kept lingering in my heart." Pan Yanmin said that she has never seen a child until now.
Looking across the country, there are not a few people who have had similar encounters with Pan Yanmin.
They are the children's biological parents, but they have been unable to meet with their children for a long time because of the snatching and hiding of their children.
Some of them are getting divorced, and some are already divorced.
Zhang Jing, deputy director of the Marriage and Family Professional Committee of the Beijing Lawyers Association and director of the Marriage and Family Department of Beijing Lianggao Law Firm, and his team have published "The Blue Book of "Snatching Hidden Children" (hereinafter referred to as the Blue Book).
The Blue Book shows that about 12% of cases involving child custody and visitation rights brought to the court were accompanied by acts of snatching and hiding children.
Among them, the party who snatches or hides the child is mostly the man.
"The child was snatched by his father, what should I do?" This is the voice of many mothers.
Snatching and hiding children happens from time to time
Mostly assisted by grandparents
Wang Jianna has been counting the time: It has been four and a half years since the child was snatched away.
She clearly remembered the scene at the time-in the community, Liu rushed up with a group of people and snatched the child who was only 6 months old. The looters quickly left, and Liu also beat Wang Jianna and his mother.
The surveillance video Wang Jianna showed reporters fully recorded the incident at that time.
Liu is the father of the child. He and Wang Jianna held a wedding ceremony, but did not receive a certificate.
"I haven't seen my daughter for more than 1,600 days. I can't imagine what she looks like now." Wang Jianna said, she looked for her daughter through Weibo, WeChat and other platforms, and never stopped.
A similar experience also happened to Wan Lamei.
Wan Lamei sued for divorce, trying to fight for the custody of the two children.
In September 2020, the court decided to divorce. The custody of the son belongs to his ex-husband, and the custody of the daughter belongs to himself.
However, before the verdict came out, the two children had been taken away by the man and she was not allowed to touch the children.
On March 1 this year, Wan Lamei’s custody enforcement case was filed in the court, and there is no result yet.
The common problem brought this group of women together. They created the "Purple Ribbon Mothers" group in October 2019.
In the past two years, they have tried to use WeChat, Weibo, Douyin and other platforms to shoot videos and write joint letters to oppose snatching and hiding their children.
According to Zhu Li, the person in charge of the "Purple Ribbon Mothers" group, there are currently more than 200 people in the group from 27 provinces (cities, autonomous regions) across the country.
Over 90% of the acts of snatching and hiding their children were assisted by the children's grandparents.
This number is not all.
Taking Guangzhou City, Guangdong Province as an example, public information shows that in 2020, Guangzhou courts will conclude 5,142 divorce disputes, and 933 of them involve custody and visitation disputes.
In cases involving the upbringing and visitation of minor children, more than 80% of cases have occurred in which one or both of the parents took the minor children away without permission to prevent the other party from exercising guardianship.
Guo Xiaoming, a lawyer of Sichuan Juheng Law Firm, has been serving as legal counsel for the "Purple Ribbon Mothers" group for a long time.
According to him, in addition to liking children, the purpose of some men robbing children is to form a stable life relationship with their children, thereby gaining custody of their children and occupying an advantageous position in the division of property; or by "mastering" children. , Let the woman agree to some unreasonable demands of her own.
This means that in some parental wars, innocent children have become pawns.
Careless to take care of children after snatching
Easy to cause huge physical and mental harm
In June 2017, Wang Jianna and others came to the court to decide that the custody of the child belongs to the man.
The reporter saw in the verdict that one of the reasons for the verdict was that the daughter of the plaintiff and the defendant had been living with the defendant after the separation, "because the child is still young, he should not easily change his living environment."
The verdict was upheld in the second instance.
Although Wang Jianna had the visitation rights of his daughter, the man seemed to have evaporated and disappeared.
Upon Wang Jianna's application, the court issued an announcement on April 26 this year, offering a reward in accordance with the law to collect the whereabouts of the person being enforced.
As of press time, the man and the child have not been whereabouts.
Guo Xiaoming believes that the court considers many aspects when hearing cases involving custody of minors. One of the important factors is not easily changing the child’s living environment. The party who is robbed or concealed may not be the most suitable for the child’s growth. Of the party.
Even if one spouse snatches and hides the children, the court may, after comprehensive consideration, sentence the children to the snatching and hiding party. This is understandable.
However, it is often difficult for the party who is robbed or hiding the child to understand this.
Many mothers involved are also suffering.
In April this year, Wan Lamei saw his son in the court mediation room.
Julie, who accompanied Wan Lamei to the court, happened to come across and recorded such a scene: Before entering the court, the man had been telling his son that his mother did not care about you and was not good to you.
Later, when the mother and son met, the atmosphere was very stiff.
Wan Lamei wanted to say a few words to her son, but his son was far away from her.
On May 29, after the court communicated with the man, the judge and Wan Lamei came to the man's home.
Wan Lamei saw that her 6-year-old daughter had all black teeth, but she never went to the hospital to see her teeth; the son hadn’t gone to school for a long time, and after inquiring about the school, she learned that his father had injured the waist and leg of the child. The medical certificate took time off.
The accompanying judge suggested that enforcement would be considered.
Wang Run from Anhui was equally anxious.
On January 5 this year, while Wang Run was at work, the child's father and his parents forcibly took the child away and hid without notice. Since then, Wang Run has never seen the child again.
"The child's father's family currently lives in a wooden tiled house in the country. There is a large amount of outstanding debts, the family is under great financial pressure, and there are other bad behaviors that are inappropriate and unable to raise the child. When I think of these, I can hardly sleep ." Wang Run said.
Julie found that the behavior of snatching and hiding children often caused great psychological harm to parents and children, and some children felt insecure.
Because most of the looting and hiding parties were fathers, some of them had no intention of taking care of their children, and they were basically taken care of by their grandparents. The children's academic performance and mental state generally declined.
In order to better control the children, some hiding parties even conduct brainwashing and hatred education on the children, which is very unfavorable to the healthy growth of the children.
New non-guarantee law promulgated relevant regulations
Pay attention to collecting evidence to protect rights
The reporter learned that after the child was robbed, most of the "purple ribbon mothers" would immediately choose to call the police and other methods, but from the actual effect, it is difficult to get back or see the child.
Wang Jianna said that after the child was robbed, she immediately called the police.
But the police told her that the child was currently in a safe state and was eventually dealt with as a family dispute.
Guo Xiaoming told reporters that when the police encounter a situation of snatching or hiding a child, they usually treat him as a writer.
Even if you want to manage, there is no clear law.
The Women's Federation is also very limited in this regard.
"In this case, other methods may not have good results except for prosecution. However, the enforcement of custody or visitation rights can only be carried out by the court through indirect means, such as the court’s Sanctions such as fines and detention force them to perform their obligations, which is less deterrent for the party being enforced, and the actual effect is limited. The remaining path is criminal proceedings, and the crime of refusal is only a simple sentence in the law. Relevant judicial interpretations mostly involve property enforcement. Robbery and hiding of children are not included in the judicial interpretation of the crime of refusal to execute. Therefore, few courts have opened investigations on the criminal charges of “refusal to execute the sentence or conviction”. The parties concerned have private prosecution , And rarely succeed." Guo Xiaoming explained.
Nevertheless, the "Purple Ribbon Mothers" group has been committed to solving problems through legal means.
According to Zhu Li, the children of nearly 30 of the 40 mothers in the "Purple Ribbon Mothers" group involved in custody judgments have returned through legal means.
The day Duo Duo was robbed was the first day of implementation of the newly revised Minor Protection Law.
Prior to this, the law lacked relevant regulations on the behavior of one parent snatching and hiding the child.
The new law clearly stipulates that it is not allowed to fight for custody rights by snatching or hiding underage children.
There are opinions that although the New Unprotected Law has the above-mentioned provisions, it does not stipulate the consequences of violations, and its actual effect may be limited.
However, Guo Xiaoming and many "purple ribbon mothers" still have high hopes for this.
"The law does not recognize the behavior of snatching and hiding children, so this point will be fully considered in the judgment of custody of minors. Therefore, when a child is snatched or hidden, the parties should pay attention to the collection related Evidence." Guo Xiaoming said.
He also suggested that relevant judicial interpretations be issued in a timely manner, relevant content should be added to the anti-domestic violence law, and personal rights related to custody disputes should be added to the determination of the crime of refusal.
"Many mothers have reached the implementation stage. If they can give the man a greater deterrent through the crime of refusal, it will help solve the problem."
In response to the plight of children being robbed and hiding, Chen Zhonghong, a member of the National Committee of the Chinese People’s Political Consultative Conference and part-time vice chairman of the Tianjin Women’s Federation, suggested to promote the “multi-mode + cloud record” parenting visit mechanism in Shunde District, Foshan City, Guangdong Province, with the help of parenting visit apps or small children. The procedure is for both parties to open an online custody visit WeChat file. In this procedure, the two parties communicate on the visitor, visit time, pick-up and drop-off location, leave traces throughout the process, and cannot be changed. As a basis for changing custody rights or applying for enforcement, the judge can follow The party who fails to perform or fails to perform the responsibility shall be dealt with in accordance with the law, detain or transfer to the public security organs to initiate the investigation of criminal responsibility for the bad circumstances, and curb illegal acts of snatching and hiding minors.
During the interview, a judge reminded that the issue of custody is a question of which party the child will inevitably face after the dissolution of the marriage relationship.
The determination of the direct supporter does not deny the rights and obligations between the indirect supporter and the children, nor is it a competition between the two parties in the role of "parents". It is only the law that protects the freedom of divorce and the healthy growth of minors. There is a kind of respect for family arrangements or division of labor.
Only when both parties have always maintained an attitude of communication and cooperation on the issue of children, can the interests of minor children be maximized.
Cartography/Li Xiaojun