A couple was going through a divorce, and the father took the child and simply “disappeared”, leaving the mother unable to see her child and sleepless night after night. How should the court handle such a situation?
The couple, was married and had a daughter after their wedding. More than a year into the marriage, proposed a divorce. Since the divorce process takes some time, they temporarily separated.
During the separation, the daughter lived with her mother. One day, during a visit, the father took the daughter away without permission. Since then, he has hidden the daughter, preventing the mother from seeing her, which led the mother to sue him in court.
Based on the provisions of the civil code and the actual circumstances of both parties, the court ruled that during the separation period, the daughter should be directly cared for by the mother. However, the father and his family resisted the execution of the judgment, not only hiding the daughter at a relative’s house but also frequently changing residences, refusing to answer the executing judge’s calls, and refusing to cooperate in transferring custody.
If certain coercive measures are not taken, the father will not voluntarily transfer custody