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Relevant case
Mr. Wei and Ms.Yin went through divorce procedures at the civil affairs bureau of XYZ District in Shanghai. Pursuant to their divorce agreement, their son born in wedlock, Wei shall be brought up by Yin and Wei shall pay 500 Yuan as the costs of aliment to Yin per month. At that year, Wei was only 4 full years of life.
In 1998, Yin remarried and gave birth to another son called Zhang, with her current husband Zhang. In their family life, Zhang and Wei didn’t get well with each other and there were evidence from their neighbors that Wei was often maltreated by Zhang. At the meantime, in 1999, Wei remarried with another woman and they had no child up to now. Wei’s current wife liked Wei very much and made Wei very happy each time they met. So, in April 2004, Wei went to law for the transfer of the child-care right.
Wei stated that he got divorced with Yin in March 1996 and the female party Yin should bear the responsibility of bringing up their son, Wei. After divorce, Yin remarried and her husband Zhang maltreated his stepson, Wei, which was seriously harmful to his healthy development. Meanwhile, his current wife Dai liked Wei very much and they remarried without issue. So, Wei requested the transfer of child-care right of Wei.
Yin argued that she remarried in 1998 because of straitened life and she cared well for Wei. She didn’t agree on the transfer, in spite of her husband taught Wei a little violently but out of a good motive.
Hearing the opinions from Dai and Wei, 12 full years of life at present, and both of them promised to live together, the people’s court of XYZ District in Shanghai made the judgment that the request for the transfer of child-care right should be supported. From now on, Wei shall be brought up by Wei and Yin shall pay 400 Yuan per month for the costs of aliment. After the first instance, both parties didn’t lodge any appeal. |
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