Brief introduction of the case
Lemou and Wang were introduced by relatives and friends. After Lemou paid Wang a bride price, Lemou and Wang began to live together, and they could not register for marriage because they did not reach the legal age for marriage. Wang gave birth to a daughter, and after a period of rest at home, Lemou and Wang had a dispute, and Wang's family took Wang home. Since then, my daughter has been living with Lemou and his family. About 2 months later, Lemou found that the child's eyes were sluggish and sent the child for examination. It leads to abnormal brain tonic nerve and slow growth, which requires long-term stable and continuous treatment. Lemou and Wang became irreconcilable because of the contradiction between their children. Lemou and Wang also lost contact, and it is even more difficult for Lemou. After a period of treatment, Lemou was unable to bear the cost of treatment, so Lemou contacted Wang, but Wang did not agree to pay for the child's treatment.
In desperation, Lemou applied for legal aid from Dongxiang District Legal Aid Center in Fuzhou City, Jiangxi Province, and the Dongxiang District Legal Aid Center in Fuzhou City appointed lawyers from Jiangxi Zhengshi Law Firm to provide legal aid for Lemou and Wang's child support dispute. After receiving the assignment, the lawyer immediately contacted Lemou and his family to understand the incident and put forward the corresponding litigation plan and legal risk notification. In order to protect the children's legitimate rights and interests, the lawyer in charge collected the children's medical records and evidence of drug payment. In view of the medical expenses of children in the future, for the purpose of reducing the burden of litigation, the responsible lawyer suggested that Lemou consult the attending physician whether it is possible to estimate the treatment cycle and treatment expenses of such diseases and issue corresponding certificates, so as to better advocate medical expenses and prepare for case mediation.
The key of this case lies in the calculation and commitment of children's medical expenses. According to the lawyer in charge, because the children born by both parties are diagnosed with abnormal cranial nerves and stunted growth, it is a long treatment process, and medical expenses are also a stable family expense. If the medical expenses can be estimated according to the length of the treatment period, and the hospital can issue corresponding supporting documents, a settlement can be reached with Wang and his family through mediation, thus reducing the burden of both parties' complaints. At the same time, the responsible lawyer suggested that the legitimate rights and interests of children should be safeguarded by means of interval prosecution according to the actual diagnosis and treatment. During the trial, the attorney put forward the following opinions:
First, the child should be awarded to the plaintiff for direct support, and awarding the custody of the child to the plaintiff is more conducive to the growth of the child. The reasons are as follows: 1. The child has been living with the plaintiff's grandparents since birth, and is taken care of by the grandparents, and has a fixed residence, which can provide a good living environment for the child. In order to benefit the healthy growth of children, it is more appropriate for children to be directly raised by plaintiffs. Second, the child is now diagnosed with developmental retardation and needs careful care. Third, the defendant never cared about the children. The plaintiff contacted the defendant by telephone and text message for many times, but the defendant always ignored it.
Two, the defendant should pay the child support, medical expenses, education fees and other expenses. Article 21 of China's Marriage Law stipulates that "parents have the obligation to raise and educate their children"; Article 25 stipulates: "Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. The biological father or mother who does not directly raise the children born out of wedlock shall bear the children's living expenses and education expenses until the children can live independently. " Although the original and the defendant were not registered to get married, Le Moumou, an illegitimate daughter born in cohabitation, enjoyed the same rights as children born in marriage. As the child's biological mother, the defendant should pay the child's support, medical expenses and education fees according to law.
Parents have equal legal obligations to take care of their children, and children need rehabilitation treatment every month, which is very expensive. As the plaintiff's biological mother, the defendant should bear corresponding responsibilities according to law.
The Dongxiang District People's Court of Fuzhou adopted the opinion of attorney, and the judgment was: 1. The child was raised by the plaintiff Le Mou; 2. Defendant Wang pays maintenance to 800 yuan every month until the child reaches the age of 18; 3. The defendant, Wang, paid half of the children's medical expenses for Le Jihua within ten days after this judgment came into effect 15 19 1.94 yuan.
Case review
This case is a special case of child support disputes in cohabitation. Aid lawyers focus on the burden of children's medical expenses, and suggest that the court fully consider the particularity of children's diseases, and children born out of wedlock enjoy the same rights as children born in wedlock. It was suggested that the court judge Wang to bear half of the medical expenses that Le had already paid, and the suggestion was finally adopted by the court. In this case, neither the aid lawyer nor the case-handling judge handled the case mechanically, but adhered to the principle of restorative justice. From a rational and legal point of view, they fully consider the principle that children born out of wedlock enjoy the same rights as those born in wedlock, and no one can harm or discriminate against them. This not only effectively protects the legitimate rights and interests of children born out of wedlock, but also makes the parties feel the warmth of society and avoids the intensification of family conflicts between the two sides by comprehensively using positive encouragement and guidance and helping parents face up to problems.
The successful handling of this case is of positive significance for both men and women who have not reached the legal age for marriage to enhance their awareness of self-protection and enhance their parents' protection of the rights and interests of children born out of wedlock.
Recommended reason
This case is a special legal aid case of nine-point custody of children living together. In handling cases, lawyers apply the law accurately, which effectively protects the legitimate rights and interests of applicants and children born out of wedlock, and has positive typical reference significance for the protection of the rights and interests of children born out of wedlock.
Expert evaluation
This case is a special case of child support disputes in cohabitation. Aid lawyers focus on the burden of children's medical expenses, and suggest that the court fully consider the particularity of children's diseases, and children born out of wedlock enjoy the same rights as children born in wedlock. It was suggested that the court judge Wang to bear half of the medical expenses that Le had already paid, and the suggestion was finally adopted by the court. In this case, neither the aid lawyer nor the case-handling judge handled the case mechanically, but adhered to the principle of restorative justice. From a rational and legal point of view, they fully consider the principle that children born out of wedlock enjoy the same rights as those born in wedlock, and no one can harm or discriminate against them. This not only effectively protects the legitimate rights and interests of children born out of wedlock, but also makes the parties feel the warmth of society and avoids the intensification of family conflicts between the two sides by comprehensively using positive encouragement and guidance and helping parents face up to problems. The successful handling of this case is of positive significance for both men and women who have not reached the legal age for marriage to enhance their awareness of self-protection and enhance their parents' protection of the rights and interests of children born out of wedlock.