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No.6 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court: ***yu v. Wu Jianguang (a case of change of child custody)

最高人民法院通报14起未成年人审判典型案例之六:***诉***变更抚养关系案

  • No.6 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court: ***yu v. Wu Jianguang (a case of change of child custody)
  • 最高人民法院通报14起未成年人审判典型案例之六:***诉***变更抚养关系案

  • (1) Basic Facts
  • (一)基本案情
  • Plaintiff, Zhuang Jianyu, and defendant, Wu Jianguang, were married on December 16, 2002 and their daughter surnamed Wu was born on July 17, 2003. Wu lived with plaintiff, defendant, and her paternal grandmother in a community in Wujiang District, attended a primary school in Wujiang District, and was usually sent to school by plaintiff and picked up by her paternal grandmother after school. Afterwards, plaintiff and defendant were divorced by agreement on November 26, 2012 and both parties agreed that their daughter surnamed Wu lived with Wu Jianguang and Zhuang Jianyu paid child support each month and visitation was also specified. After the divorce of plaintiff and defendant, Wu lived with defendant, Wu Jianguang, and her paternal grandmother in a community in Wujiang District and was sent to school or picked up after school by defendant or her paternal grandmother at ordinary times. During the summer vacation at the end of June 2013, Wu lived with plaintiff in an international community in Wujiang District rented by plaintiff as agreed on in the divorce agreement, but Wu did not return to the defendant's residence one month later and she continued to reside and live together with plaintiff. At the end of August and at the beginning of September 2013, Wu resided and lived with plaintiff in the residence of plaintiff's boyfriend in a community and after the school started, plaintiff sent Wu to school and Wu's maternal grandmother picked her up after school.
  • 原告***与被告***于2002年12月16日结婚,2003年7月17日生育一女吴某。吴某随原、被告及祖母居住在吴江区某小区,就读于吴江区某小学,平时由原告送其上学,祖母接其放学。后原、被告于2012年11月26日协议离婚,约定女儿吴某随***生活,***每月给付抚养费,并详细约定探望权。原、被告离婚后,吴某随被告***及祖母在吴江区某小区居住,平时由被告或祖母接送上学、放学。2013年6月底暑假期间,吴某按离婚约定随原告在其租住的吴江区某国际小区居住、生活,一个月后吴某未返回被告处,继续与原告共同居住、生活,并在2013年8月底、9月初随原告至某社区的男友家居住、生活,开学后,由原告送其上学、外婆接其放学。
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