On October 27th, 2002110, the People's Court of Tianxin District of Changsha accepted the dispute between plaintiff Hu and defendant about changing custody, and plaintiff Hu requested the court to order the custody of married daughter Hu to be changed to plaintiff Hu.
The juvenile court of Tianxin District People's Court in Changsha found that on August 10, 2020, the plaintiff and the defendant agreed to divorce, and both parties agreed that their daughter Hu Mouqian would be raised by the defendant. Defendant Chen Mou remarried after divorce and moved to a new rental house with Hu Mouqian, which prevented Hu Mouqian from going to school for two weeks. After the plaintiff knew about it, she fulfilled her obligation to support and take care of her child Hu Mouqian by finding a full-time nursery and hiring a nanny.
Hu Mouqian has been living with the nanny since February, 20021year. As the mother of Hu Mouqian, the defendant only went to pick up the children on weekends after the plaintiff entrusted her with full-time care. The defendant did not actively fulfill his due guardianship obligations, so it can be concluded that the defendant was lazy in fulfilling his guardianship obligations and undertaking guardianship duties. Although the plaintiff fulfilled the obligation of raising and caring for the child Hu Mouqian by looking for full-time care and hiring a nanny, the plaintiff let the child Hu Mouqian live alone with the nanny, indicating that the plaintiff Hu Mouqian only fulfilled the obligation of "raising" and neglected to exercise the obligation of "raising", that is, education and protection.
In view of the fact that both the original defendant and the defendant neglected Hu Mouqian's physical, psychological and emotional needs, Hu Mouqian expressed his subjective will to live with his mother, the defendant in this case. At the same time, considering the defendant's subjective will to transfer Hu Mouqian to another school for care, and in combination with the agreement in the divorce agreement between the original defendant and the defendant that Hu Mouqian should be raised by the defendant, Tianxin District Court held that Hu Mouqian should be given again.
Accordingly, Tianxin District Court rejected the plaintiff Hu's claim in accordance with the law and sentenced the defendant to continue to perform the guardianship responsibility. However, the legal guardian Chen Mou's dereliction of duty was corrected according to law. According to the Law on the Protection of Minors and the Law on the Promotion of Family Education, the Tianxin District Court of Changsha issued a family education order to Chen Mou, the guardian of dereliction of duty.
The Family Education Order stipulates that Chen Mou should pay more attention to Hu Mouqian's physical, psychological and emotional needs. The specific way is to contact and communicate with the school teachers, and keep in touch with the teachers at least once a week to understand the details of Hu Mouqian; The judgment lived with Hu Mouqian, earnestly performed his guardianship duties and assumed the main responsibility of family education. The specific practice is that Hu Mouqian should not live alone with the nanny, but should live together with Hu Mouqian, and be raised and accompanied by himself or his close relatives; It also stipulates that the family education order is valid for one year. Before the expiration of the ruling, Hu Mouqian himself or a unit closely related to Hu Mouqian may apply to the people's court for revocation, change or extension of the family education order according to the actual situation; If the obligor Chen Mou violates the ruling, he shall be reprimanded, fined and detained according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.
Zhou Dan, Party Secretary and President of Tianxin District Court, said after the trial that the family education order was a concrete innovative measure made according to the Family Education Promotion Law, and it was officially implemented on June 5438+ 10/day. Its main significance lies in standardizing parents' correct child-rearing behavior and creating a good atmosphere for promoting the healthy growth of minors in the whole society. At the same time, the Tianxin District Court will establish a linkage mechanism with the Women's Federation, the Communist Youth League, civil affairs and other departments to ensure that parents have enough time to accompany their children, give them care, let their children receive the education they deserve, and promote the implementation of the Family Education Promotion Law.