Is it illegal for parents to leave their children to babysitters? How to crack the "widowed" parenting
The country's first family education order is ruthless but affectionate
"This family education order does not simply deprive and change the custody rights, but gives parents a chance to make corrections. The purpose is to awaken the parents' awareness of the main responsibility." On January 6, the Tianxin District People's Court of Changsha City, Hunan Province heard the case A custody change dispute and a family education order was issued in response to the guardian's neglect of duty.
The family education order is a judicial writ with compulsory force issued by the people's court. This is the first family education order in the country after the Family Education Promotion Law came into effect on January 1 this year.
The promulgation of the Family Education Promotion Law marks the rise of family education from traditional "family affairs" to important "state affairs".
In the eyes of Sun Yunxiao, Vice President of the Chinese Family Education Association 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 'tooth', establishing a new pattern of family education, allowing The concept of family education in China returns to its essence and plays the role of clearing the source.”
For young people, from now on, we have entered a new era of "lawfully" raising children. Are you ready: raising a child is just to let him eat and drink well, and be busy with make-up exams?
Is it illegal for parents to dump their children for babysitters?
How to crack "widowed" parenting?
Parenting and strengthening parent-child companionship in person is a rule of law principle
This is a somewhat poignant true story.
Eight-year-old Hu Mouqian's parents fought a lawsuit for custody of her.
It turned out that on August 10, 2020, her biological father Hu Mou and mother Chen Mou agreed to divorce, and both parties agreed that their daughter Hu Mouqian would be raised by Chen Mou.
Chen Mou divorced and remarried, and moved Hu Mouqian into a new rental house, causing Hu Mouqian to miss school for two weeks.
After learning about it, Hu sought full care and a nanny for his daughter, trying to fulfill his obligations of raising and caring for his 8-year-old daughter in this way. He did not live with the child, but only picked her up on weekends.
On October 27, 2021, the People's Court of Tianxin District, Changsha City accepted the case of the dispute over the change of custody between the plaintiff Hu and the defendant Chen. Hu requested the court to change the custody of the legitimate daughter Hu Xian to himself.
After a trial, the Juvenile Court of the People's Court of Tianxin District, Changsha City rejected Hu's claim in accordance with the law and ruled that the defendant Chen should continue to perform guardianship duties.
However, the legal guardian Chen's dereliction of duty was corrected in accordance with the law. According to the relevant provisions of my country's Minor Protection Law and the Family Education Promotion Law, the Changsha Tianxin District People's Court issued a family education order to the dereliction of duty guardian Chen.
Sun Yunxiao said: "In the Family Education Promotion Law, there is a clear statement such as 'personal parenting and strengthening parent-child companionship'. This means that parental parenting and strengthening parent-child companionship are 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 condition for food and clothing for children, and "nurturing" is to nurture and nurture children'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 very close to his daughter, but he gave the child to a nanny who only saw him once a week or even two weeks."
An important reason why the custody of the child Hu Mouqian has not changed is that the child expressed his subjective willingness to live with his mother more.
Sun Yunxiao pointed out that the Family Education Promotion Law gives a clear orientation to family education. The essential feature of family education is life education, which is the fundamental task of morality and cultivating people. It includes five aspects: moral quality, physical quality, life skills, and culture. Self-cultivation, good habits.
"A very key principle of this law is to establish the main responsibility of parents and other guardians in family education. Only when parents fulfill their main responsibility can they be conducive to the healthy growth of minors."
A family education order is a mirror that every parent can take a look at
The family education order issued by the Tianxin District People's Court ruled that Chen should pay more attention to Hu's physical, psychological and emotional needs, and should contact and communicate more with school teachers. He should contact the teacher at least once a week to understand Hu The details of the situation.
At the same time, it was ruled that Chen Mou and Hu Mouqian lived together, effectively performed guardianship duties, and assumed the main responsibility for family education. Hu Mouqian should not be allowed to live with the nanny alone, and should be raised and accompanied by her mother or close relatives.
Regarding the content of the ruling on the family education order, Sun Yunxiao explained: "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 that all levels of The legal responsibility of the government and all parties in the society. Therefore, this law is not only a solemn national law, but also a textbook for family education. pattern."
A reporter from China Youth Daily and China Youth Daily noticed that the family education order issued by the Tianxin District People's Court is valid for one year. Before the ruling expires, Hu Mouqian herself or the unit that has close contact with Hu Mouqian can apply to the family according to the actual situation. The people's court applies for revocation, modification or extension of the family education order; if the defendant Chen violates the ruling, he will be reprimanded, fined, or detained depending on the seriousness of the case; if a crime is constituted, criminal responsibility will be investigated according to law.
Zhou Dan said that the family education order has its own declarative function, and every parent can look at the family education order as a mirror to see if they have the same behavior as the parties in this case, and whether they need 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 it has no 'tooth'. Its 'tooth' is still very powerful. The relevant legal departments can punish parents who neglect their duties and guardians who harm their children. And make corrections within a time limit. At the same time, the relevant provisions of the Law on the Protection of Minors and the Anti-Domestic Violence Law complement the implementation of the Family Education Promotion Law.”
The common love and responsibility of parents to crack "widowed" parenting
Once, Sun Yunxiao gave a family education class at Qingdao University.
After the class, an audience member took the initiative to tell him a story of her own. Her father works far away in Qinghai and rarely sees her, but his father is her closest person and helps her the most.
It turned out that from the first grade of elementary school to the graduation of university, her father and her corresponded more than 2,000 times, and she and her father were good friends who talked about everything.
She is thousands of miles apart from her father, but has established a warm and powerful parent-child relationship.
A survey on the status of family education in the country released by the Children's Work Department of the All-China Women's Federation shows that in terms of children's education, fathers are "absent" in nearly half of the families, and mothers have become the absolute protagonists.
Regarding this "widowed" parenting phenomenon, Sun Yunxiao pointed out that many fathers attribute their "absence" to their children to being too busy with work and lack of time, "This is a blind spot in cognition, a pseudo-problem, no matter how busy you are, All fathers can be good fathers, the key is whether there is true love and a sense of 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 quality of the relationship between parents and children determines the success or failure of family education. If the parent-child relationship is good, education may be successful; if the parent-child relationship is bad, education It will be a failure, "it depends on whether the parents raise their children themselves and provide high-quality companionship."
"The introduction of the Family Education Promotion Law will help alleviate or even gradually change the 'widowed' parenting situation." Sun Yunxiao said that it is not easy to promote the solution of this problem, which requires the joint efforts of all parties in the society and the law.
Li Hong, a girl born in Tianjin, has been taking her to exercise since she was 7 years old. Her father runs with her daughter every morning for 12 years until she graduates from high school.
Later, during her studies at Tsinghua University and Harvard University, Li Hong persisted in the habit of running. 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 mother's responsibility, but also the father's responsibility. The Family Education Promotion Law emphasizes joint parenting. There are many such vivid examples around us, which show that fathers are a particularly precious resource for family education. , once the father's love is awakened, its power is enormous."
China Youth Daily, China Youth Daily reporter Cui Li Li Guijie Han Yang Source: China Youth Daily