At the end of last year, after Wang Xiaofei and Da S ended their ten-year marriage and broke up peacefully, a pair of children lived with Da S in Taiwan. Even if the big S flash marriage Gu Junye , Wang Xiaofei and the rumored girlfriend went on a trip and took a group photo, they each had a new life, and they still attracted the attention of many netizens.
Recently, Changchun International Trade saw Wang Xiaofei's mother Zhang Lan start a live broadcast. When chatting with netizens, some netizens asked, "How many years have you seen your granddaughter?" Zhang Lan replied, "It's been three years. I think about (children) every minute and every second!" At the same time, Zhang Lan also revealed, "Xiao Yueyue is already eight years old, and after the summer vacation, she will start the third grade of elementary school; Xiao Linlin is also about to go to first grade. I am in grade; my elder sister loves to read, my younger brother cries when he goes to school, and he doesn't love school very much. Another netizen suggested: "Then take the child to Beijing. "Zhang Lan said, "If I can pick it up, I will pick it up!" If we insist on screaming, it is not good for the growth of children. Sister Lan is not a very energetic person either. As long as the child grows up physically and mentally, it will be fine. Is it necessary to fight like a hot kiln for that (child custody)? "
How does Wang Xiaofei, as a father, get back custody of the child? What is the law? To this end, Changchun International Trade interviewed Zong Lina, director of Jilin Yirong Law Firm . Attorney Zong said that the first thing to do about changing child custody is It is a matter of jurisdiction. Since the elder S and the child are both in Taiwan, the lawsuit concerning the identity relationship brought against the person who does not live in the territory of the People's Republic of China is filed with reference to Article 23 of the Civil Procedure Law of the People's Republic of China , under the jurisdiction of the people's court of the plaintiff's domicile; if the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, it shall be under the jurisdiction of the people's court of the plaintiff's habitual residence; secondly, the issue of service, according to the current specific situation, there are certain difficulties in service, if it cannot be served There is no way to hold a court hearing, and there is no way to conduct a substantive trial. In the end, even if the court summons the defendant Da S, if Da S does not appear in court, it is difficult for the court to make a judgment in absentia, because the litigation related to the identity relationship requires the plaintiff and the defendant. Both parties appear in court, and children over the age of 8 can also express which party they want to be with.
To sum up, it is difficult for the Wang family to change custody through litigation, and it is recommended to negotiate a solution.
