Lawyer Tian Guojiang and lawyer Zhang Haotianlegal cases
Facts of the case:
The original defendant fell in love in 2020 and gave birth to a son on October x, 2022, and then broke up due to the defendant's reluctance to get married, and the defendant took the child away after October x, 2023.
The plaintiff filed a claim: 1) that the plaintiff could visit the child once a week, 2) that the plaintiff could spend 10 days with the child during the winter and summer vacations every year after going to school, and 3) that the defendant should bear the litigation costs of this case.
Result:The plaintiff and the defendant cohabited without registration and were not protected by law, but illegitimate children enjoyed the same rights as legitimate children, and no one could harm or discriminate against them. In this case, the plaintiff argued that the plaintiff should be ordered to visit the child once a week on the grounds that the defendant refused or deliberately created other obstacles to the plaintiff's visitation of the child, and that the plaintiff, as a mother who does not directly raise the child, has the right to visit the child born out of wedlock in accordance with the law, and although the healthy growth of the child is accompanied by the father, it is also inseparable from the care of the mother, so without hindering the child's life, The plaintiff can visit the child at a fixed time every month, so this court supports the plaintiff's claim for the right of access to the legitimate child. Accordingly, in accordance with Articles 1071 and 1086 of the Civil Code of the People's Republic of China and Article 67, Paragraph 1 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows: 1. The plaintiff has the right to visit the child born out of wedlock; 2. The plaintiff's remaining claims are dismissed. The case acceptance fee is 100 yuan, which is halved and charged 50 yuan to be borne by the defendant (the plaintiff has paid it in advance, and the defendant shall pay the plaintiff within 10 days from the effective date of this judgment). If they are not satisfied with this judgment, they may submit an appeal petition to this court within 15 days from the date of service of the judgment, and submit copies according to the number of opposing parties, and appeal to the Intermediate People's Court of Guiyang City, Guizhou Province.