After the divorce, the father took the child and immediately disappeared, leaving the mother unable to see her child, which caused her sleepless nights. How should the court handle such a situation?
Xiao and Hu were a married couple who had a daughter named Xiao Xiao. A year after their marriage, Hu filed for divorce. Due to the lengthy divorce proceedings, the couple temporarily separated.
During the separation, the daughter lived with her mother, Hu. One day, the father, Xu, took the daughter for a visit and then hid her, cutting off all contact with Hu. This led Hu to file a lawsuit against Xu.
Based on relevant laws and factual circumstances, the court ruled that during the separation, Xiao Xiao should remain under Hu’s direct care. However, Xu and his family resisted the verdict, hiding Xiao Xiao with relatives, frequently moving locations, refusing calls from authorities, and refusing to cooperate with the custody transfer.
Without enforcement measures, Xu would not voluntarily transfer custody. However, considering the child’s future well-being and visitation rights, forceful enforcement could worsen the conflict. How should the court proceed to ensure it acts «in the best interests of the child»?
This edition of «Discussion» explores the enforcement of child custody rights through case analysis and legal debate.
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