How to write the statement of parents' assistance in Ningbo custody struggle

When divorce is contested for custody, can a written statement that one party has parents willing to assist in raising grandchildren be the decisive factor? How should such a statement be written to have legal effect? This paper combines the judicial interpretation of the Marriage and Family Code of the Civil Code with the judicial practice in Ningbo to sort out the role, effective elements and key points of the parental assistance statement.

Legal nature of 1. parental assistance statements

article 46 of the Judicial Interpretation of the Marriage and Family Code of the Civil Code stipulates that for minor children who have reached the age of two, if both parents require direct support, one parent is willing and capable of helping to take care of grandchildren or grandchildren, it may be taken as a parent or mother. Priority conditions for raising children are considered. This means that the parental assistance declaration is supporting evidence and is not a statutory determinant of custody, but the judicial interpretation clearly lists it as a priority condition.

When there is little difference between the economic conditions, working hours, ability to raise, etc. of both parents, the fact that one parent is willing and able to assist in raising can put that party in a more advantageous position in the custody struggle. The legal significance of the statement is to supplement the proof that the party has better conditions for maintenance.

Effective Content Elements of 2. Statements

an effective parental assistance statement should contain four core elements. First, the basic information of the parents: name, age, health status, place of residence, pension or financial resources, etc., proving that the parents have the physical and financial conditions to assist in raising them. Second, the current situation of the relationship with the child: it shows who takes care of the child, takes him to school, tutors his homework, etc., which proves that the child has become accustomed to the mode of getting along with his grandparents. Third, the specific commitment to assist in raising: a clear commitment to continue to assist in the care of children after divorce, including daily pick-up, holiday care, sick care and other specific content, to avoid general statements. Fourth, the time guarantee for assisting in raising: it means that the parents are retired or have sufficient time to assist in raising them in a long-term and stable manner, rather than temporary assistance.

What supporting evidence is required for a 3. statement

A simple written statement has limited probative power, and it is best to form a complete chain of evidence with the following evidence. Photos and videos of parents living with their children; testimonies from neighbors or school teachers proving that grandparents often pick up and drop off their children; parents' medical reports proving that they are in good health; proof of the property or lease contract of the parents' place of residence proving that they have a stable residence; parents' retirement certificates or working hours certificates from their work units proving that they have sufficient time.

In the trial, parents can also testify in court to explain their willingness and ability to assist in raising, so as to enhance the credibility of the statement.

In Ningbo, the school and kindergarten where the child attends can be asked to issue a description of the daily transportation, or the neighborhood committee of the community where the child is located can be asked to issue a certificate on the daily care. Physical examination reports can be issued at community health service centers or municipal hospitals. These third-party materials are easy to obtain and have high credibility, and can be mutually confirmed with written statements.

4. boundary conditions and constraints

first, the statement is not a substitute for direct parental responsibility. Grandparents' assistance is only a plus, not a decisive factor. If one party has no stable income, no fixed residence and bad habits, it is difficult to obtain custody even if there is a parental assistance statement. Second, the content of the statement must be true. Once the false statement is verified, it will not only be denied by the court, but also may affect the integrity evaluation of the parties in the judge's mind, and will also have an adverse impact on the division of property. Third, the other parents can also issue a similar statement. If both parties have parental assistance, the court will further compare which party has better conditions for assistance, such as the health status of the grandparents, living conditions, and intimacy with the children.

5. case proof

according to the rules of similar judges in Ningbo, both the woman and the man work in Ningbo, with similar incomes and similar housing conditions, competing for custody of their children who have reached the age of four. The woman submitted a statement of assistance from her parents, stating that the parents were retired, that their place of residence was a ten-minute walk from the woman's residence, and that they had been responsible for daily transportation and after-dinner tutoring since the birth of the child. Cooperate with the submission of photos of parents and children living together, kindergarten teacher's testimony and parents' medical report. After a comprehensive review, the court found that the woman had better conditions for support and decided that the right to support the woman.

In another case, the man submitted a statement of parental assistance, but the statement was empty and only stated that he was willing to give everything for his grandson. The Court found the lack of specific commitments and time guarantees to be insufficient and did not prioritize them.

6. Risk Alert

first, having a parental assistance statement does not necessarily mean that you can get custody. The court will comprehensively review all the conditions of both parties. If one party's own support conditions are obviously inferior, it is difficult to reverse them by parents' declaration alone. Second, the statement should be true and specific, stating that it is more valuable to be responsible for transporting children to and from school every day and tutoring homework after dinner than to write that they are willing to give everything for their children. Third, the court examines one's own conditions of support, not the other's disadvantage. Even if the other party does not have parental assistance, as long as the other party's own support conditions are sufficient, it is still possible to obtain custody. Fourth, parents should communicate well before testifying in court to ensure that the statement of the trial is consistent with the written statement.

7. FAQ

q: Are you sure you can get custody if you have a parental assistance statement?

Not necessarily. The Parental Assistance Statement is one of the priority conditions, not the decision condition. The court will comprehensively review all the conditions of both parties. If one party's own support conditions are obviously inferior, it is difficult to reverse them by parents' declaration alone.

Q: How is the Parental Assistance Statement most effective?

According to the structure of the basic situation plus the current situation of the relationship plus specific commitments plus time guarantee, the language is simple and true, and avoid exaggeration. It is more convincing to write that you are responsible for transporting your children to and from school every day and tutoring your homework after dinner than to write that you are willing to give everything for your children.

Q: What if the other parents also made a statement?

If both parties have parental assistance statements, the court will compare which party has better assistance conditions, including the health status of the grandparents, living conditions, and intimacy with the children. It can further complement the unique advantages of one's own parents.

Q: Do parents need to take the stand?

It is not necessary, but testifying in court can enhance the credibility of the statement. If conditions permit, parents are advised to appear in court to explain their willingness and ability to assist in the upbringing.

Practical Experience of 8. Lawyers

can a written statement that one parent is willing to help bring up a grandchild when both parties have similar conditions and both want to raise the child directly be a plus? The answer is yes, but it should be positioned correctly: it is supporting evidence, a supplementary proof that "this parent is better off", rather than the only factor in determining custody. In practice, it is understood that a parent's willingness and ability to help with the care of a grandchild may be a priority for that parent's direct child-rearing. In other words, it can give you a slight lead on the same starting line, but only if your own hard conditions are passable. If you think about this clearly, you will not put all your hopes on a statement, nor will you ignore the more fundamental facts of your own income, residence, and companionship.

The statement should be written realistically, usually covering four contents. First, let's talk about the basic situation of the parents, indicating their age, health status, place of residence and financial resources, and indicating that they do have the physical and financial conditions to help. Explain the current situation of the relationship with the child, who will pick up, who will coach and who will take care of the child at ordinary times, and prove that the child is used to getting along with his grandparents. Make a specific commitment to explain that you are willing to continue to assist in care after divorce, such as daily transportation, such; explain the time guarantee, indicating that parents retire or have sufficient time to help in a long-term and stable manner. In addition to the statement, it is better to match it with supporting materials that can confirm each other: photos and videos of living together, testimony of neighbors or teachers, medical examination report, residence certificate, retirement certificate or working hour certificate; If parents can appear in court to explain in person, they will be more persuasive. Local schools and communities can also be asked to issue instructions for daily transportation and care, which is convenient and credible.

Beyond the statement, there are several boundaries to grasp. First, the statement cannot replace the parents' own upbringing responsibility, and the assistance of grandparents is only a bonus. If one party has no stable income, no fixed residence or bad habits, it is difficult to obtain custody even if there is a statement. Second, the content must be true. Once the false statement is verified, it will not only be denied, but may also affect your integrity evaluation in the judge's mind, and affect the handling of other matters. Third, the other parent can also issue a similar statement. At this point, the court will compare which party's assistance conditions are better and more stable, such as whether the living environment is convenient for school and whether the grandparents have enough energy. Therefore, instead of writing a beautiful statement temporarily, it is better to keep the traces of care on weekdays and make clear the practical materials and daily evidence of "who is the child all the time", which is more effective than temporary preparation.