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No. 3 of Nine Model Cases of Judicial Protection of the Rights and Interests of Minors Published by the Supreme People's Court: Hu A v. Chen A (custody modification dispute)—Issuance of the first family education order in the country

最高人民法院发布九起未成年人权益司法保护典型案例之三:***诉***变更抚养权纠纷案——发出全国首份家庭教育令

  • No. 3 of Nine Model Cases of Judicial Protection of the Rights and Interests of Minors Published by the Supreme People's Court: Hu A v. Chen A (custody modification dispute)
  • 最高人民法院发布九起未成年人权益司法保护典型案例之三:***诉***变更抚养权纠纷案
  • —Issuance of the first family education order in the country
  • ——发出全国首份家庭教育令
  • Basic Facts
  • 基本案情
  • In August 2020, plaintiff Hu A (with partial name withheld) and defendant Chen A (with partial name withheld) divorced by agreement, agreeing that their daughter Hu Xiao A (with partial name withheld) would be raised by her mother, defendant Chen A, and that plaintiff would pay monthly support. Defendant remarried a month later, and kept Hu Xiao A absent from school for two or three weeks. On December 10, 2020, plaintiff employed a nanny for Hu Xiao A, moved to a country villa 20 kilometers away from Hu Xiao A's residence, and requested the nanny to take care of Hu Xiao A alone, and defendant picked the child up every weekend. Plaintiff Hu A believed that after the divorce, defendant Chen A failed to fulfill the obligation to raise their daughter as agreed, and thus sued Chen A in court, requesting the court to grant the custody of their daughter Hu Xiao A to plaintiff. In answer to the question of the court, Hu Xiao A stated that she preferred to live with his mother Chen A.
  • 2020年8月,原告***和被告***协议离婚,约定女儿胡小某由其母即被告***抚养,原告每月支付抚养费。一个月后,因被告再婚,有两三个星期未送胡小某去上学。自2020年12月10日起,原告为胡小某找来全托保姆单独居住,原告自己住在距胡小某住处20公里的乡下别墅内,由保姆单独照护胡小某,被告每周末去接孩子。原告***认为离婚后,被告***未能按约定履行抚养女儿的义务,遂将***诉至法院,请求法院判令将女儿胡小某的抚养权变更给原告。经法庭询问,胡小某表示更愿意和妈妈***在一起生活。
  • Judgment
  • 裁判结果
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