What are the conditions for the change of custody in Ningbo

After the divorce, the child was sentenced to the other party, but now the other party doesn't care, or the child wants to be with me, can the custody right be changed? There is a legal threshold for changing the custody right, which can not be changed after "regret.

Under what circumstances can 1. be changed?

The judicial interpretation of marriage and family (I) stipulates that if the parents agree to change the child support relationship, it should be allowed; if one party requests a change, if there are legal circumstances, the court shall support it. Changes are not arbitrary and require new situations that affect the interests of children.

1. Principle of stability priority

the court is cautious about changes because the frequent change environment is not conducive to children. A change will only be supported if the original support arrangement is indeed no longer appropriate and its continuation would be detrimental to the interests of the child.

2. A minor grievance is usually not sufficient to overturn the original verdict.

The court takes a stable priority attitude towards the established dependency relationship and will only make changes if there are legal circumstances or the original dependency environment is clearly not conducive to the growth of the child. The other party occasionally works overtime, is not patient enough for tutoring homework, and has different living habits. Such propositions are usually not adopted. The change request should fall on the three hard indicators of care ability, living environment and fulfillment of obligations.

2. is over eight years old and is willing to follow the other side.

If the child has reached the age of eight, is willing to live with the other party and the party has the ability to support, it is an important legal situation to change. The court shall respect the true will of children over the age of eight.

The will must be true and consistent.

Children's wishes need to be stable and real, not temporarily induced by one party. The court will verify through separate questioning to avoid manipulation of the will to influence judgment.

3. the dependant is seriously ill or does not perform his duties.

If the party living with the children is unable to continue to support them due to serious illness or disability, the other party may request a change. Inability to support refers to the objective inability to guarantee the basic life and care of children.

Circumstances in which maintenance obligations are not met

it is also a statutory situation to change support if the caregiver fails to fulfill the obligation of raising or maltreats the child, or if living with the child does adversely affect the physical and mental health of the child.

Change of 4. Agreement and Change of Litigation

if the two parties can reach an agreement through consultation, it is enough to sign a change agreement, which saves time and effort; if the negotiation fails, one party shall sue, and the statutory change of evidence shall be judged by the court.

The change of agreement also proposes to leave a formal instrument.

If there is no dispute over the change, the parties may sign a written change agreement and go through the relevant formalities without litigation. However, only oral agreement or WeChat confirmation, once the future is difficult to implement. It is recommended to sign a written agreement and make an agreement on the maintenance standard and visiting arrangements, and apply to the court for a mediation statement when necessary to make it enforceable.

Three Preparations Before 5. Propose a Change

the first item is to fix the evidence that the other party is not qualified. The diagnosis certificate of serious illness and hospitalization records, long-term attendance or travel records, children's absence from school records, photos of living environment and visit records should all form time-continuous materials. It is difficult for a single photo or a one-time complaint to support the claim.

The second is to prove that you are more suitable, including stable residence, verifiable income, commuting time to and from school, with or without the assistance of elders or nannies, and nearly a year of actual companionship records. The third is to prepare the presentation of the children's wishes. Those who have reached the age of eight can be asked by the judge alone. Do not inculcate them repeatedly in advance. Once they are identified as inducements, they will weaken the credibility of the claim. Some basic courts in Ningbo (such as Yuyao and Ninghai courts) have a family investigator system, which can apply for the court to entrust family investigators to visit and verify the care ability and living environment of both parties to make up for the deficiency of self-evidence collection (according to Yuyao Court's White Paper on Family Trial (2014-2023) and Ninghai Court's White Paper on Family Trial).

6. case proof

in practice, the original direct supporter has been hospitalized for more than 6 months due to major diseases and has lost the ability of daily care. The child has reached the age of eight and clearly expressed his willingness to live with the other party. The court ordered the change of the dependency relationship and adjusted the dependency standard to 20% to 30% of the monthly income of the indirect supporter after the change to be paid monthly.

In practice, the direct dependant has worked in the field for a long time and actually lived together for less than 30 days in a year. The children are completely entrusted to the elderly elders and the living and school environment is obviously unfavorable. After the other party submits the comparison materials of school attendance, visit records and living conditions, the request to change the dependency relationship is supported.

7. Risk Alert

• only because of "regret" to sue change, no new situation.
• Children's wishes are temporarily induced and not accepted.
• There is no evidence that the other party is not doing its job.
• Ignore the separate consultation of the eight-year-old's will.
• The change of the agreement is not written and will be reversed in the future.

8. FAQ

can custody be changed?

Yes, but legal circumstances are required: one is willing to follow at the age of eight, the other is seriously ill, unable to fulfill one's duty or abuse, etc.

The child said he could change it if he wanted?

At the age of eight and the real will, the other party has the ability to support, is an important situation, but the court to verify the non-manipulation.

The other party is just busy, isn't it?

Being busy doesn't mean not doing your duty. It needs to reach the level of objectively harming the interests of children and neglecting care for them for a long time.

Do you want to go to court for the change of agreement?

Both parties voluntarily sign a written agreement through consensus, not necessarily litigation.

The child said that if he wanted to talk to me, would he be able to change his custody?

The true wishes of children who have reached the age of eight are an important reference, but not the only basis. The court also reviews the maintenance capacity of the parties, the conditions of residence and schooling, and the stability of the existing life. The likelihood of a successful change is only significantly increased when the will is in the same direction as the other conditions.

After the change of custody, how to adjust the maintenance fee?

After the change of the dependency relationship, the original payer is converted to the direct dependency and no longer pays the maintenance fee; the original direct dependency is converted to the payer and is borne by 20 to 30 per cent of its monthly income. A claim for maintenance can be made in the change lawsuit to avoid additional time costs.

Practical Experience of 9. Lawyers

if you want to change custody back after it is sentenced, the threshold is higher than most people think. The court values stability: the frequent changes in the child's living environment are not conducive to growth in itself, so just because the other party is not good enough and the child has recently become closer to me, the change is basically not possible. What can really be leveraged is the legal situation-the caregiver suffers from serious illness or disability, is unable to continue to raise, or fails to fulfill the obligation to raise, has abused the child, or the child has reached the age of eight and is clearly willing to live with you. Therefore, it is necessary to judge which category your reasons fall into, rather than rushing to declare their position first.

Evidence should fall on three hard indicators: caring ability, living environment and fulfilling obligations. Care ability depends on whether you have stable time, income and helpers. The living environment depends on the school district, housing and daily arrangement. Fulfilling obligations is aimed at what the other party has done or not done-long-term neglect, leaving children to the elderly, chaotic life and rest, violence. If the child is over eight years old, the will is very important, but it must be a stable and real idea. The court will often ask separately. If it is seen that it is induced temporarily, it will reduce the score. So don't let your child be tempted between the two sides.

If you really want to go through the procedure, first think about whether you can change the agreement. If the two sides can sign a formal change agreement, it is best to confirm it through the court or make a mediation agreement, so as not to let one party go back on its word in the future. If we can't talk about it, we will sue again, but we should make at least three preparations before we sue: fix the current actual living conditions of the child, put the conditions for raising the child into materials, and leave a mark on the formation process of the child's true wishes. We should also pay attention to the fact that we should not create a fait accompli by hiding children and preventing them from going to school. This will not only lead to no custody, but also make the original situation worse.