Ningbo Dispute for custody Rights According to 3 Age Groups Evidence List

With whom the child is often the most reluctant to give in to divorce cases in Ningbo. Many parties thought that as long as the income was high and the house was large, they would have the advantage. As a result, they could not come up with a material that could prove that they were taking care of their children. The judgment of the court does not depend on who is richer, but on who can provide an environment more conducive to the growth of minors, and this evaluation system has completely different emphasis on obtaining evidence at different age groups.

Age Stratification Rules for 1. Dependency

article 1084 of the the People's Republic of China Civil Code stipulates that after divorce, children under the age of two shall be directly raised by the mother; if the parents fail to reach an agreement on the issue of support for children who have reached the age of two, the people The court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of being most beneficial to the minor children; if the children have reached the age of eight, their true wishes shall be respected.

The practical meaning of the three-paragraph division.

The first paragraph presumes that the mother is raised, and the other party must fight to break the presumption; the second paragraph is a complete comparison of conditions, with both parties standing on the same starting line; and the third paragraph, in addition to the comparison of conditions, also superimposes the wishes of the children themselves. The forensics program must first determine which section the child is in before deciding on the direction of the material.

Common three evaluation dimensions

regardless of age, the court will evaluate the actual undertaker of daily care, the stability of the living environment, and the willingness and ability of both parties to support. It is often misunderstood that income is only one factor in the capacity term, not the determining factor.

Key points of proof for children under two years of age in 2.

This stage is based on the principle of direct support by the mother. If the father wants to fight for it, he needs to prove that the presumption has been broken.

The breakthrough direction of the father's side

evidence can be provided from the following perspectives: the mother has a long-lasting infectious disease or other serious illness with which the child is not fit to live together; the mother has the conditions to support the child but does not fulfil the obligation to support the child and the father asks the child to live with her; or for other reasons, the child is indeed not fit to live with the mother. Corresponding materials include proof of diagnosis, evidence of long-term non-co-residence, and records of actual parental care.

The steady direction of the mother's side

the mother usually only needs to consolidate the status quo, and the focus is to prove that breastfeeding and daily care are undertaken by herself, such as the accompanying person information in the vaccination and physical examination records of the community health service center, the purchase records of maternal and infant supplies, the contact person on the medical record and the proof of stable residence.

List of evidence 3. the age of two to eight

this is the most controversial interval because there is no legal presumption and the outcome depends entirely on the completeness of the conditional comparison.

Traces of daily care

focus on collecting evidence of who is actually taking the children: kindergarten or school transfer registration and parent contact information, parent-teacher meeting sign-in form, teacher communication record, accompanying person record when seeking medical treatment, interest class registration and payment voucher, continuity of daily life photos and videos. The value of this type of material is continuity, and a few scattered photos are of limited persuasion.

Stability of living environment

including whether the residence is stable, whether frequent relocation is required, school districts and medical conditions, whether relatives such as grandparents can assist in care, and whether their working hours are convenient for care. You can submit housing ownership or rental materials, a description of the distance between your place of residence and the school, as well as proof of the physical condition of the caregiver and written opinions.

How to reflect the wishes of 4. children over eight years old

if a child has reached the age of eight, his true will shall be respected. However, how the will is presented directly affects the degree of court acceptance.

Inquiries by the court alone are the most reliable

A safer way is to apply to the court for a separate examination of the child, with the judge knowing the wishes in an environment independent of the presence of both parties. Self-recorded videos of children's statements are easy to be questioned for inducement or pressure, and their probative force is usually lower than that of the court's face-to-face inquiry record.

Avoid involving your child in a confrontation.

Repeatedly asking children to express their opinions and let them choose between the two parties will cause obvious psychological pressure and may also be regarded as a behavior that is not conducive to the physical and mental health of minors. The true will should be presented naturally through long-term and stable parent-child interaction, rather than being manufactured.

Quantitative proof of 5. rearing capacity and rearing environment

transforming the abstract me into verifiable data is a key step in improving persuasiveness.

Four groups of quantifiable materials

first, income and job stability, submit salary flow, social security payment records and labor contracts; Second, time investment, submit shift schedule or working time description to prove that it is qualified to undertake daily care; Third, living conditions, submit photos of housing area, children's independent space and school district certificate; Fourth, past expenditures, submit continuous payment records for tuition fees, medical expenses and daily necessities.

Supplementary social assessment materials

the daily performance statement issued by the community neighborhood committee, the written feedback of school teachers on the participation of parents, and the witness testimony of neighbors or relatives can be used as auxiliary evidence. If the witness is willing to appear in court, the proof effect is obviously better than that of simply submitting a written statement.

6. the boundary of evidence in the adverse situation of the other party.

It is equally important to prove that the other party is not suitable for raising, but the method of evidence must be legal, otherwise it may be counterproductive.

Adverse circumstances that can be claimed

including the existence of domestic violence or abuse, gambling and drug abuse and other vices, long-term lack of time to take care of, suffering from diseases that affect the ability to take care of, living environment there are obvious security risks. The corresponding materials are alarm and police records, administrative punishment decisions, diagnosis certificates, certificates of long-term non-residence and on-site images.

Three types of practices that must not be crossed

if you install monitoring equipment in other people's houses, illegally obtain other people's communication content, and track and shoot in a way that infringes on privacy, the materials obtained may not only be adopted because of the illegal way of obtaining, but the perpetrator may also bear separate legal liability. The legal path is achieved through alarm records, public information and application for court investigation and evidence collection.

7. case proof

according to similar rules, when a child is under two years of age, the father claims that the mother has been working outside the country for a long time and has not actually fulfilled her duty of care and requests direct support. After reviewing the residence certificates submitted by both parties, the information of the accompanying persons in the vaccination and medical examination records and the traces of daily care, the court found that the existing evidence was not sufficient to prove that the children were not suitable for living with their mothers, maintained the principle of direct support from the mother, and made specific arrangements for the manner and frequency of visits by the father. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to similar rules, the child has reached the age of eight and both parties advocate direct support. Under the condition that both parties have the basic conditions for raising children, the court arranged to ask the children's wishes separately in an environment not affected by the presence of parents, and combined with the traces of long-term care such as school pick-up registration, parent-teacher meeting sign-in, medical escort, etc., determined that direct raising by one party of daily actual care is more conducive to the growth of minors, and determined the ownership of raising, and made clear provisions on the visiting time and handover place of the other party. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

8. Risk Alert

• only preparing proof of income and lacking traces of daily care can easily be identified as not actually participating in the child's life.
• Self-recorded video of children's statements as the main evidence may not be accepted because of the suspicion of induction.
• Obtaining evidence by tracking, installing monitoring equipment, etc., is invalid and may bear legal responsibility.
• Unauthorized removal of children from their original living environment during the proceedings may be deemed to be detrimental to the physical and mental health of minors.
• Witnesses only submit written statements and do not appear in court, and unexamined testimony has limited probative value.

9. FAQ

if the child is under two years old, can the father fight for custody?

Difficult but not impossible. The law is based on the principle of direct maintenance by the mother, and the father seeks to prove that there are exceptional cases, such as when the mother suffers from a serious illness with which the child is not fit to live, is eligible for maintenance but does not fulfil the obligation to maintain it, or is genuinely unfit to live with the mother for other reasons.

If the income ratio is higher, does custody belong to me?

It's not. Income is only one factor in the evaluation of support capacity, and the court pays more attention to the actual bearer of daily care, the stability of the living environment and the time available for care. Those who lack traces of care and only have an income advantage may not be able to obtain support.

The child said he wanted to talk to me. Will the court listen?

If a child has reached the age of eight, his true will shall be respected. The more reliable form of presentation is to apply to the court for a separate inquiry, which is known by the judge in an environment unaffected by the presence of both parties. Self-recorded videos of statements are easily questioned and have relatively low probative power.

Can you install surveillance to prove that the other party doesn't care about the children?

Not recommended. If you install monitoring or monitoring equipment in other people's houses and illegally obtain communication content, the materials obtained may not be adopted due to illegal acquisition methods, and the perpetrator may also bear separate legal responsibilities. It should be achieved through legal means such as alarm records, objective records of schools and hospitals, and application for court investigation and evidence collection.

Practical Experience of 10. Lawyers

for custody, the evidence should be prepared according to the age of the child, and the direction is completely different. For children under the age of two, in practice, more attention is paid to who is taking direct care of and raising them. It is advocated that one party should prepare a medical certificate of birth, daily feeding and medical records, and a certificate of common residence, indicating that he has been taking actual care of them. If the other party is obviously not suitable for upbringing, corresponding materials should also be prepared. If one party is away for a long time and the children are actually taken care of by the elders, the real caregiver and the way of care should also be clearly explained. The core of this stage is to prove who the child actually lives with and who is worried about.

The two-year-old to eight-year-old is the stage of comprehensive comparison, depending on the nurturing ability and nurturing environment of both parties. Evidence can revolve around stable residence, income and working hours, whether they can take care of themselves, the current school and living status of the child, whether the elders can assist, etc., such as stable residence certificate, income certificate, transfer and counseling records, kindergarten or school communication materials. The key is to concretize and visualize "who is more beneficial to live with", instead of repeatedly emphasizing that you love children more, and attitudes cannot replace facts.

For those over the age of eight, the child's true wishes will be listened to, so don't push the child to the forefront of the conflict, let alone teach the child to say something against his will. The tendency can be reflected through the usual communication records and the materials expressed by the children themselves, and if necessary, the court will ask them separately. On the whole, attention should be paid to the boundary of evidence collection, and materials involving the privacy of the other party and obtained through improper means should not be used as far as possible. At the same time, the evidence of the other party's long-term failure to perform care and adverse circumstances should be collected, but it should be realistic and not exaggerated in order to win.

The core of fighting for custody is to prove one's position in the child's life, rather than saying that the other party is useless. First determine the age group of the child, and then organize the materials according to the corresponding rules: under two years old, focus on exceptions, two to eight years old, compete for care traces and environmental stability, and over eight years old, let the true will be presented in a credible way. All materials should emphasize continuity and verifiability. If the other party's unfavorable situation is involved, it is necessary to take legal paths such as alarm records, public information and court investigation and evidence collection, so as to avoid implicating the overall claim due to improper evidence collection methods.