A small family is going through a divorce. The father takes the child and disappears, leaving the mother unable to see her child and struggling with sleepless nights. How should the court handle such a situation?
Xu and Hu are married and have a daughter named Xu Xiaoxi. A year after their wedding, Hu filed for divorce. Since divorce proceedings take time, the couple temporarily lives separately.
During the separation, the daughter lives with Hu’s mother. One day, during a visit, Xu took the child without permission. After that, Xu hid the child from Hu, refusing to allow any contact, prompting Hu to sue Xu.
Based on the Civil Code and the actual circumstances of the case, the court ruled that custody of Xu Xiaoxi should temporarily remain with Hu during the separation. However, Xu and his family refused to comply, not only hiding the child with relatives but also frequently changing residences to avoid court enforcement and obstructing custody transfer.
Without coercive measures, Xu is unlikely to voluntarily transfer custody. However, considering the child’s upbringing and emotional well-being, harsh measures could escalate the conflict. How should the court act to ensure «the best interests of the minor»?
This episode of «Legal Discussion» explores the enforcement of child custody arrangements through case analysis and legal explanation.
