Can I Still Fight for the Child Custody of My Children After Agreement is Made?
Last week, a mother contacted our attorney of Landing Law Offices China. She said to want to consult a Chinese lawyer about whether she could still fight for the child custody under Chinese laws given the fact that she and her ex-husband have already reached an agreement during their divorce, agreeing that the father shall have the full custody of the child.
Under Chinese jurisdiction, the relationship between parents and children would not come to an end along with the parent’s divorce. Child custody could either be decided by an agreement between the divorcing couple or by the court.
Thus, in the above-mentioned case, the child’s mother still has the right to file a case regarding the full child custody, and apply to the court for a different judgment from the agreement which has already been reached by both of the parents before.
In accordance with the regulations of Marriage Law of the People’s Republic of China (中华人民共和国婚姻法) and relevant judicial precedence, the Chinese courts would tend to follow the general principle that protecting the best benefits of the child in the consideration of child custody.
The claim for getting the child custody would be supported by the court if the requiring side of parent is in one of the following situations:
(1) If the other side the child living with could not continually afford the duty of taking care of the child due to his/her serious illness or disability; or
(2) If the other side the child living with has not fully performed his/her custody duty or has abused the child, or with whom it is badly for the mental and physical health of the child to live; or
(3) If the child who is already 10 years old or older prefers living with the requiring side, and the requiring side has the competence to raise the child.
If no such situation as mentioned above exists in your case, the court would tend to consider two important factors in the judgment, one of which is the conditions offered by each parent, not just financially but also emotionally, and the other is the child’s preference.
Generally speaking, whether the children have been put in the full custody of the father or mother, the other side of the parents still has the chance to take the child custody by requiring the court to make a new judgment.
If you find your children have not been taken good care of by the other side or the other side fails to perform his/her duty and in doubt whether you could get back the full custody, please do not hesitate to contact us. Our professional attorneys in Landing’s Chinese Office could help you fight for your child custody in China.
Larry Zhou, Partner
Landing Law Offices China
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