What evidence can help you in the custody struggle in Ningbo

The raising of 1. issues

I received a mother last week and her child has just turned 6.

She decided to divorce after discovering that her husband was having an affair, but the other party had taken the child back to her hometown so that she could not see her face.

This paper will focus on the above issues, from the legal provisions, practical operation, typical cases of three dimensions of the system.

The core standard of the 2. court to judge the custody right.

When the court hears custody cases, the core standard is "the most beneficial to minor children". The following factors will be taken into account:

1. the age of the child: two years of age in principle with the mother; eight years of age will listen to the child's views.
2. Parenting capacity and conditions of both parents: including economic income, living environment, job stability, etc.
3. The child's current living state: which party to live with for a long time and whether a stable living environment has been formed.
4. Parents' conduct and health status: whether there are domestic violence, gambling, drug abuse and other situations that are not conducive to the growth of children.

3. 5 types of key evidence and collection points

1. Daily Care Evidence

this type of evidence is used to prove that the child lives with his or her side for a long time and is mainly cared for by his or her side.

• Kindergarten or school pick-up records, parent group chat records;
• medical records, registration forms and payment records for taking children to see a doctor;
• buy clothes, school supplies and report the consumption records of interest classes for children;
• photos and videos of living with children (note that the original shooting time is retained).

Operation tips: witness testimony requires witnesses to appear in court for questioning, and only written testimony is weak.

2. Evidence of economic capacity

prove your ability to provide stable living and educational conditions for your child.

• Wage flow, tax records, social security payment records;
• property ownership certificate or rental contract, proving that there is a stable residence;
• bank deposits, investment and financial management records;
• records of insurance, education funds for children.

3. Adverse evidence of the other party

if the other party has a situation that is not conducive to raising children, it is necessary to provide corresponding evidence.

• Domestic violence: alarm record, hospital diagnosis certificate, personal safety protection order;
• gambling, drug abuse: administrative penalty decision, community detoxification record;
• long-term off-site work: travel records, work place certificate;
• bad habits affect children: relevant photos, videos, witness testimony.

4. Evidence of the child's will (over 8 years old)

for children over the age of eight, the court will respect their true wishes. It can be fixed in the following ways:

• willing material of the child's writing;
• transcript of the court conversation (to be questioned individually by the judge);
• psychological counselor's assessment report.

Note: Do not induce children to express their wishes, otherwise it may be counterproductive.

5. Educational Planning Evidence

prove that you have a clear plan for your child's education.

• Certificate of school attended, student status information;
• registration records of extra-curricular tutoring and interest classes;
• communication records with school teachers;
• specific arrangements for children's future education.

Common Misunderstandings in 4. Practice

myth 1: Whoever earns more will definitely get custody.

Economic capacity is only one of the factors to be considered, not the only criterion. If one party, despite his high income, is away for a long time and has no time to take care of his children, the court may also award the other party.

Myth 2: You can win by grabbing your child.

Some parties will take their children away before divorce, creating the illusion that "the children live with me. This kind of practice is very risky. The court will think that it undermines the stable life of the child, and may even constitute robbing and hiding the minor children, and make an adverse determination in the judgment.

Myth 3: Only documentary evidence is valid

in addition to written evidence, photos, videos, chat records, transfer records, witness testimony, etc. can be used as evidence. The key is that the evidence should be true, legal and relevant to the case.

5. evidence collection time node

before divorce: pay attention to the preservation of daily child care evidence, including chat records, consumption records, photos and videos.

Litigation: according to the other side's defense and evidence, targeted to add evidence.

During the trial: apply for witnesses to appear in court, apply for court to obtain evidence, and apply for psychological evaluation or social investigation if necessary.

6. practical recommendations

if you are facing a custody dispute, it is recommended to prepare for the following as soon as possible:

1. fixed evidence of the child's current life state, including residence, school, daily expenses, etc;
2. assess one's own parenting ability and the other's parenting conditions;
3. avoid aggressive behavior, such as hiding children, threatening each other, etc;
4. consult with professional lawyers to develop evidence strategies based on case-by-case circumstances.

There is no standard answer to a custody case, and the court's decision depends on the evidence and the circumstances. The earlier the preparation and the more comprehensive the evidence is collected, the more conducive to the custody of the child.

A number of courts in Ningbo have introduced a family investigator mechanism in family cases, the court can entrust investigators to visit the actual living conditions of children and issue investigation reports-according to the Ninghai Court Family Trial White Paper, the court's family investigators issued a total of 466 investigation reports from 2020 to 2022. Instead of making a unilateral statement, it is better to apply to the court to initiate a family investigation in the lawsuit, so that the third-party investigation conclusion can become a powerful supporting material.

Summary of 7. relevant laws and regulations

the main legal provisions covered in this paper include:

• article 1084 of the Civil Code

8. Practical Operation List

if you are facing related problems, it is recommended to follow the following steps:

1. collect evidence: organize all written materials, transfer records, chat records, etc. related to the case;
2. consult a professional: before taking any action, it is recommended to consult a professional lawyer to understand their rights and possible legal consequences;
3. assessing costs and benefits: litigation requires time and economic costs, which need to be combined with the amount of the case and the probability of winning the case;
4. choice of dispute resolution: give priority to negotiation or mediation, and consider litigation if no agreement can be reached;
5. note the statute of limitations: the law does not protect the person lying on the right to sleep, be sure to claim the right within the statutory statute of limitations.

Practical Experience of 9. Lawyers

the struggle for custody is actually the fact that "who is really taking care of the children. Many parties focus on proving that they have high income and good conditions, but forget that the core of the court's view is the children's current living conditions and stability. Therefore, from the moment you decide to divorce, you should consciously leave traces of your child care: pick-up and drop-off records, parents' group messages, medical treatment and payment vouchers, photos and videos of living together, pay attention to keeping the original shooting time, and don't just save the compressed map after being transferred, which will weaken the credibility, and the value of the original carrier is much higher than that of the transferred pieces.

Evidence should be classified and prepared, but also to withstand questioning. Daily care, economic ability, each other's unfavorable situation, children's wishes, living environment, these kinds of materials have their own uses, and the lack of one link may be seized and refuted by the other party. Special attention should be paid to witness testimony: only writing a written document has limited probative power, and only witnesses who can appear in court to accept questions have more weight. If the other party has domestic violence, gambling, long-term absence, etc., fixing the evidence as soon as possible is more convincing and easier to adopt than temporary statements in court.

The collection also needs to be timed. The child is taken away by the other party and hidden, suddenly transferred to another school, and suddenly arranged "better conditions". These actions are often the other party preparing for the competition. You should respond with evidence in the first place and apply to the court to protect the child's current situation when necessary. Don't use the method of robbing and hiding children to fight against them. It will not only hurt the children, but also make the judge form an unfavorable impression on you. Only by focusing on presenting a real, stable and executable upbringing plan can the competition be confident.