After a couple gets divorced, the father took the child and directly “disappeared”, while the mother couldn’t see the child, causing her sleepless nights. How should the court handle such a situation?
Xiao and Hu are a married couple who had a daughter, Xiao Xiao. Over a year after their marriage, Hu filed for divorce. Due to the time required for the divorce proceedings, the couple temporarily separated.
During their separation, the daughter lived with her mother, Hu. One day, the father, Xu, took the daughter during a visit and subsequently hid her, preventing Hu from seeing her, prompting Hu to sue Xu in court.
According to related laws and the actual circumstances, the court decided that during the separation, the daughter Xiao Xiao should be directly raised by Hu. However, Xu and his family resisted the implementation of the verdict by hiding Xiao Xiao with relatives, frequently changing residences, refusing calls from law enforcers, and not cooperating in transferring custody.
Without certain mandatory measures, Xu would not voluntarily transfer custody rights; however, considering issues of the child’s future development and visitation, forced measures could further exacerbate conflicts. How should the court handle this to ensure it is “in the best interest of the child”?
Through case analysis and legal discussion, this issue of enforcing child custody rights is examined in this edition of Discussion. (Jin Huang)
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