Marriage may seem like the best part of life, but sometimes, the beauty fades away in an instant. After a divorce, it is a highly controversial issue who can protect the property rights of minor children. Today, Lawyer Tang will take you to see a judgment, **Who should protect the property rights of minor children after divorce, come, let's take a look!
Case replay: The protagonists of the story are Jiang Moumou and Chen Moumou, who were once a couple and had a son, Jiang Jia. But the dream of marriage was shattered in 2012, and the two divorced and signed a divorce agreement. The agreement stipulates that before Jiang Jia is under the age of 18, Chen Moumou shall not change and transfer the property rights of **, and if necessary, mortgage the property, which shall not exceed half of the total value. However, in 2014, Chen Moumou changed the property rights of the property to himself without authorization, and also took out a mortgage. In the end, the property was auctioned by the court, and Jiang Moumou requested to change the custody relationship on the grounds that Chen Moumou failed to protect Jiang Jia's legal property rights, and demanded monthly payment of child support and visitation rights.
Dispute 1: Whether Chen Moumou infringed Jiang Jia's major property rights?
Chen's behavior seems to have violated Jiang Jia's property rights, but is this qualified to change the custody relationship?
Dispute 2: Is the infringement of the property rights of a minor child a valid reason for changing the custody relationship?
This question is not only about the law, but also about the protection and care of minor children, who exactly has the authority to guard their property?
The court ruled that the court of first instance held that Jiang's request did not comply with the relevant provisions and rejected her claim. However, the court of second instance had a different view. They believe that Chen's actions infringed on Jiang Jia's property rights, and that the change of custody relationship is justified. In the end, they supported Jiang's request.
Judge's Afterword: According to the law, infringement of the property rights of minor children should be recognized as a valid reason for changing the custody relationship. Property is the future of minor children, and protecting their property is protecting their future. This case teaches us that it is very important and a legal obligation to protect the property rights of minor children after divorce. Don't wait until your possessions are destroyed and regret it.
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