[Case Review].
Plaintiff Zhuang Jianyu and defendant Wu Jianguang married on December 16, 2002, and gave birth to a daughter, Wu, on July 17, 2003. Wu lived with the plaintiff, the defendant, and his grandmother in a community in Wujiang District, and studied in a primary school in Wujiang District. The plaintiff and the defendant divorced by agreement on November 26, 2012, stipulating that their daughter Wu would live with Wu Jianguang, and that Zhuang Jianyu would pay monthly child support, and that they would have visitation rights in detail.
After the plaintiff and the defendant divorced, Wu lived with the defendant Wu Jianguang and his grandmother in a community in Wujiang District, and was usually picked up and dropped off by the defendant or grandmother. During the summer vacation at the end of June 2013, Wu lived and lived with the plaintiff in an international community in Wujiang District rented by the plaintiff according to the divorce agreement, and after one month, Wu did not return to the defendant and continued to live and live with the plaintiff, and at the end of August and early September 2013, he went with the plaintiff to live and live at her boyfriend's house in a certain community, and after the start of school, the plaintiff sent him to school and his grandmother picked him up from school.
Zhuang Jianyu sued the court on August 1, 2013, arguing that although the divorce agreement stipulated that Wu would be raised by the defendant Wu Jianguang, he had a very good relationship with the plaintiff, and after the divorce, Wu repeatedly expressed his desire to live with the plaintiff, and Wu was now 10 years old and had the right to choose the custody person, and requested the court to change the custody rights. Defendant Wu Jianguang believes that the divorce agreement has stipulated Wu's custody, and Wu has been brought up by his grandmother since he was a child and picked him up and dropped off from school, and the divorce has not had much impact on Wu, and the plaintiff is now unable to confirm whether he has a fixed residence, which is not conducive to Wu's Xi and life.
[Hanji Lawyer on Law].
In this case, although the daughter of the plaintiff and the defendant is at least 10 years old, and she is living with her father or mother and making a choice. However, starting from the protection of the rights and interests of minor children, the court on the one hand went to the school to understand the situation and solicit their opinions, and on the other hand, carried out an investigation around the minor children to understand the growth trajectory, growth environment, living and Xi current situation of the minor children.
After a thorough investigation, taking into account all factors and the minor child's ability to identify and take responsibility, it was found that the change in the living environment was obviously detrimental to the healthy growth of the child, so the judgment rejected the plaintiff's claim.
[Hanji lawyer reminds].
Divorce of parents can cause more or less harm to minor children, and custody battles can cause harm again. With regard to the raising of minor children, it should be based on the interests of the children's physical and mental health and the protection of the children's legitimate rights and interests.
Although the relevant judicial interpretations stipulate that one of the circumstances under which a change in the custody relationship is permitted includes the willingness of a minor child over the age of 10 and the party has the ability to support them, the willingness of the minor child in this provision is an important reference factor in determining whether it is conducive to the healthy growth of the child, rather than a determining factor.