Behind the "First Domestic Case of Wedding In -Wedding Survey": The children are hidden, and the mothers' "textbooks" -style right to promote

New Yellow River Reporter: Xue Dong

At the moment of receiving the verdict, Zhang Jing's heart mentioned his throat. She turned directly to the last page and quickly looked for the verdict. "... Within 5 days of the judgment, the marriage girl was sent to the appellant Zhang X ... temporarily raised by Zhang X ..."

Winning! Despite her restraint, tears couldn't help but "burst out." A year ago, his 8 -month -old daughter was taken away by his biological father, which has led the mother and daughter to this day. This judgment is a "reassurance" that the law gives Zhang Jing.

In this case, the Baoding Intermediate People's Court of Hebei Province, which was sentenced in the second trial, not only denied the behavior of "grabbing children", but also directly determined the right of custody of minors during the existence of the marriage relationship. This is the first time in China.

Zhang Jing's victory was a small step for a mother to "close" her daughter. This "small step" has become the "vane" in the eyes of many people. It is a breakthrough "a big step".

Zhang Jing's story is not a case. A group of people behind her: most of them are married women, and were snatched or hidden by her husband during the marriage relationship. While themselves experienced the frustration of marriage, they were separated from parent -child separation. This is a group of "purple ribbon mothers". In this group, they have been in trouble to defend their rights.

These dilemmas are almost hidden under the marriage relationship. Most of them get a response to family disputes.

With helplessness, they can only devote their hopes to judicial channels: divorce first, get custody; then execute, and finally enforce ... Many times the promotion of each program needs to do their best.

However, over time, the hidden children are getting older, and they may be interested in the "hatred" mother. On the other hand, the court is likely to make a "no change in living environment", and mothers will lose custody ...

So Zhang Jing's victory in this lawsuit was very guiding. "Divorce first, and then get custody" is no longer the only way for mothers to "seize" their children. "The first domestic in -marriage monitoring dispute case" gave them an example of "textbook -style": un divorbing, both husband and wife should also enjoy equal "monitoring rights".

"In the past few years, the lawsuit of the in -wedding guardianship was extremely difficult." As the person in charge of the "purple ribbon mother", Zhang Jing's victory also made Julie's encouragement. She believes that this is the "legal progress" that the mothers who are trapped again after the newly revised "Protection Law of the People's Republic of China" clearly clearly "grabbing and hiding children".

Zhang Jing's monitoring right dispute second instance judgment

The 8 -month -old daughter was hidden by my father

His daughter was "taken away" by his father at 8 months. Zhang Jing clearly remembers that in July 2021, her daughter had not broken breast milk. She couldn't speak, but she could only murmured the vague sound of "mother".

No one had expected that the mother and daughter reunited again 10 months later. Zhang Jing found that her daughter changed a lot. When you grow taller, you can talk, just with yourself, a little strange.

"She looks a little timid and is not the same as children of the same age." Zhang Jing described that her daughter's voice was very loud, expressing her thoughts and even the encouragement of adults. This age should be carefree. Her daughter who is more than one year old even learns to look at the face, and Zhang Jing is blamed. She blame this lack of "security".

The daughter was forcibly cut off breast milk. This damage was irreversible, which was the most unacceptable Zhang Jing. "Breast milk can give her child a natural sense of security. Although she is young, she will have a sense of abandonment in her heart, and she feels that her mother doesn't want her."

In order to raise back to her daughter, Zhang Jing initiated a lawsuit for the first time. At that time, the marriage had cracks, and the couple had been separated for 3 months. According to Zhang Jing, her daughter has always lived with her during the separation period. During this time, the child's father had only come to see her daughter twice. For her father, her daughter was "not known".

In January of this year, Zhang Jing received the first trial judgment, and the court did not allow the court to divorce because the other party disagreed. In other words, Zhang Jing wanted to get custody through a divorce lawsuit, and then the idea of ​​reuniting with her daughter was shattered.

Zhang Jing feels that this is a means of delaying time. "After the child is two years old, the court may judge the custody of custody without changing the child's living environment. At that time, I have almost no chance of winning."

Almost at the same time as the divorce lawsuit, Zhang Jing joined Julie's "Purple Ribbon Mom" ​​group. After the failure of the first divorce lawsuit, Zhang Jing sued the man to infringe her monitoring of her daughter.

In March 2022, the first instance of the monitoring dispute was sentenced. The court rejected Zhang Jing's claim that she had no evidence to confirm that the child's father did not raise and protect the child. Zhang Jing refused to accept it, and appealed on April 2.

In May, the second trial of the monitoring dispute in the marriage began. When the second trial started, Zhang Jing was prepared and provided evidence again. She believes that the trial process is obviously more detailed compared to the first instance.

Perhaps the man was under pressure from the court. Shortly after the trial of the second trial, Zhang Jing saw the child after a lapse of 10 months.

On July 15 this year, Zhang Jing received a second trial judgment from the court. The other party sent the child to Zhang Jing within the designated period, and Zhang Jing was temporarily raised by Zhang Jing.

Zhang Jingsheng complained.

After being forced to separate the mother and daughter, Zhang Jing stored a breast milk full of a refrigerator

Behind the breakthrough judgment

For Zhang Jing’s rights protection case, Guo Xiaoming, a lawyer of Shanghai Zhonglian (Chengdu) Law Firm, said in an interview with the media that the case has certain guiding significance. The two have not yet divorced, and both parents enjoy equal rights. The law does not clearly stipulate which party to live with them. Generally, the court will not directly judge the ownership of the guardianship, but to judge the right to visit. " The judgment of the Baoding Intermediate People's Court referred to the principle of the child's direct custody after divorce. It was very humane and a breakthrough judgment. "This is not the result of one time, behind the many" purple ribbon mothers ".

"In 2019, the 'Purple Ribbon Mom' was sued to the court on the grounds of infringement of the monitoring right, but there were only a handful of successful fixing cases." Julie said today, a successful case of guardianship disputes was successfully filed and supported There are more and more judgments. "Zhang Jing's victory in the Baoding Intermediate People's Court was a beginning. Once a court starts with a precedent judgment, the courts of various places will pay more and more attention."

Julie also said that the reason why Zhang Jing would think of the "monitoring dispute" was based on the "attempts" of the "purple ribbon mothers" that failed again and again. Zhang Jing told Xinhuanghe reporter that when she submitted evidence to the court, she also sent a material to the judge for reference, including the introduction of the "purple ribbon mother" group and some related cases.

When communicating with the judge, Zhang Jing also bluntly said to the judge that he could get a fair and notarized judgment, "Because this result may affect many people and many families."

The winning "victory", Zhang Jing described himself as "standing on the shoulders of the giant". Before she filed a monitoring dispute lawsuit, at least two mothers in the group had tried and received support from the local courts.

Successfully filed a case for guardianship disputes

Jinan's Cheng Ran is Zhang Jing's "role model" many times. Julie introduced that when many "purple ribbons mothers" were picked up legal weapons and prosecuted the opponent to infringe their monitoring rights, Cheng Ran's indictment was their sample.

Cheng Ran applied for a case for the first time, and the court responded to no jurisdiction.

On June 13, 2021, the second application for the case was successful. Before that, there was almost no precedent for success.

In the "purple ribbon mother" group, Cheng Ran is a "special" existence. Her "special" is derived from the group that she joined after all lawsuits. Her original intention was very simple, sharing her experience, and then helped more people.

After being robbed and hiding her daughter by her ex -husband, Cheng Ran and her ex -husband "fighting wisdom". With the assistance of lawyers and friends, she learned the law and finally "seized" the child for 4 months. In June 2021, under her persistence, she promoted the successful filed case in the in -marriage monitoring disputes. Before that, there was almost no precedent for success.

"The child's father and mother enjoy the right to equal guardians. The other party took the child away and did not let me see the child. I infringed my guardianship. I could sue him." Cheng Ran said that when she proposed this idea At the time, no one is optimistic about her proposal, including a lawyer. However, she did not give up. In order to return to her child as soon as possible, she decided to apply for a two -pronged approach. While firing a divorce lawsuit, she applied for a dispute to file a case.

"Because I have no other way, my child was taken away by his biological father during breastfeeding. I couldn't see the child ..." Cheng Ran believed that at the time, she had almost "settled in the law". Essence

Cheng Ran's first applied for guardianship disputes and filed a case, and it failed. Soon, she made some adjustments and applied for the case again. She clearly remembered that on June 13, 2021, her court received a text message notification and successfully filed.

During that time, the newly revised "Protection Law of the People's Republic of China" just officially started its implementation. Article 24 clearly stipulates that "must not fight for custody by grabbing or hiding children in adults." The reason for the success of the second case in the second case, she believes that it is related to Article 24.

Her divorce case opened after July. Since then, she was injured in a meeting with her ex -husband. Immediately afterwards, the court's divorce judgment was issued, and the divorce was allowed, and Cheng Ran also obtained the custody of her daughter. During this period, Cheng Ran's injury had the result of the injury, and the judicial appraisal was "minor injury".

Under the deterrent of the law, the ex -husband took the initiative to send the child to Cheng Ran's place. So far, Cheng Ranwei has succeeded. Looking at the child who returned to himself, Cheng Ran was blamed for almost his skin.

Despite the custody of her daughter, Cheng Ran did not withdraw the case against the monitoring dispute. After the divorce, the trial of the monitoring case was carried out as scheduled. Cheng Ran did not invite a lawyer. She appeared in court to defend and win the lawsuit. She shared the decision on October 4, 2021 to the "Purple Ribbon Mom" ​​group. This is a "symbolic meaning" judgment, which has become a lively sample of this group's rights protection.

Cheng Ran raised her daughter alone, and she wanted to give her daughter a better life.

In this nearly "textbook -style" right -defense storm, Cheng Ran felt that the key to her victory was still "law". She "thoroughly eaten through self -study law" through self -study law, which made her in the judge and lawyer's lawyer. Communicate, "win" in the game with his ex -husband.

The victory is just the first step, it is difficult to execute

Many times, the judgment is just the first step. Whether in custody disputes or monitoring disputes, it is common to implement it. Although Wang Yuqin in Shiyan, Hubei Shiyan filed a lawsuit in the in -marriage monitoring case and obtained "the right to visit", she was still on the way to the right of rights protection.

Wang Yueqin's son was taken away and hidden by his father after the first prosecution of his divorce. Wang Yueqin sued twice divorce and did not leave.

This is a long tug -of -war. She sued for the first time in September 2020 and has not yet divorced. She told Xinhuanghe reporters that the contradiction that they had not yet divorced were the competition for their son's custody.

Wang Yueqin, who wanted to get his son's custody by divorce. For a mother, he could not visit his child normally for a long time like a mental abuse. With the help of the "Purple Ribbon Mother" group, Wang Yueqin had to file a monitoring lawsuit again. The case was successfully filed in December 2021. Wang Yueqin demanded that "the parents took turns raising in the state of marriage."

After the first trial, the man did not accept it, filed an appeal, and maintained the original judgment in the second instance. After two judgments, Wang Yueqin received a victory in a dispute over the monitoring right. right". The local court believes that custody is a personal right of parents to their children, including the right to visit their children during the separation period. Although the court supported Wang Yueqin's right to visit, she had a different idea of ​​picking up the child with her a week on the video. Wang Yueqin was not satisfied, but compared to this dissatisfaction, what made her desperate is that the current difficulties are difficult, and she still fails to pick up the child on the weekend according to the judgment.

Wang Yueqin's monitoring dispute was once issued by the local court to the public account to interpret it.

In an interview, Wang Yueqin counted her "rights protection" to reporters. She believed that the time point for the best litigation of monitoring should be to receive the first divorce judgment. Agree with the time of divorce delay, the judgment of the monitoring right can also become a push for divorce cases.

At present, the implementation of the supervision case and the subsequent lawsuit divorce, and the children are still seeing the child, which is still the "three ways" in Wang Yueqin's life.

On August 7, nearly a month after receiving the judgment, the man finally sent the child back to Zhang Jing. "The child is very good now, eat well, sleep well, and play well." On August 29th, she told reporters that her daughter went home. This is only the first step. At present, she is discussing with a lawyer to prepare for the second time Divorce lawsuit.

Wang Yueqin got "the right to visit" in law, but was trapped in execution. She sometimes thinks, she wants to be a "mother", why she has to go through so much.

Cheng Ran has raised her daughter alone for more than a year. Recently, her work has been adjusted, and her work has been adjusted from "internal diligence" to "sales". For her daughter, she wants to fight again in the "30+" days.

On August 31, the day before the release of the reporter of the new Yellow River, Julie sent a "hot air" judgment to the reporter. A "purple ribbon mother" who was still breastfeeding prosecuted the guardian to win the prosecution. Directly determine that the mother is guarded and raised the child.

Although it is still difficult, more and more "purple ribbon mothers" have used the "legal weapon" of "monitoring rights" to strive for their due rights in accordance with the law.

(At the request of the interviewee, Zhang Jing and Cheng Ran are a pseudonym)

Edit: Weekend

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