Text introduction: Recently, Nanjing Jianye Court released the work on protecting the rights and interests of the elderly. One of the typical cases is worth thinking about. Zhang Mouhong is the mother of the defendant Daqiang. Daqiang and Damei were originally boyfriend and girlfriend. They gave birth to a boy named Xiaowu while they were living together. In June 2018, Daqiang and Damei moved out of their home after a conflict and left Xiaowu in the care of the child's grandmother, Zhang Mouhong. Since then, Xiao Wu has been living with his grandmother Zhang Mouhong. Zhang Mouhong also likes her grandson very much. She plays with him, buys food and clothes, and takes care of her even when her child has a headache and fever. On weekdays, Zhang Mouhong also lives frugally. After all, his pension is not large. With one more person to cover expenses, life is relatively tight. As the child grew up day by day, the expenses also increased. Until Xiaowu went to school, Daqiang and Damei did not pay their son's support. Zhang Mouhong, who was unable to support herself, asked Daqiang and Damei to pay child support, but the couple ignored it. In desperation, Zhang Mouhong filed a lawsuit with the People's Court, requesting an order to order Daqiang and Damei to pay Xiaowu's support expenses, which translates to 1,500 yuan per month.
The court held that parents are the guardians of minor children and have the obligation to raise, educate and protect their minor children; the children's grandparents have no legal obligation to raise and educate their grandchildren. Whether from the perspective of protecting the rights and interests of the elderly or according to relevant laws, such a lawsuit is detrimental to Daqiangmei. The two defendants left Xiao Wu in the care of her grandmother. The grandmother would inevitably spend a certain amount of money to take care of Xiao Wu's life and study for several years. These expenses should have been paid by the child's parents. In the end, the court ruled that Da Qiangmei should pay Zhang Mouhong the cost of raising Xiao Wu on her behalf.
The judge reminded: It is not the legal obligation of the elderly to take care of children. Parents are the legal obligors to raise children. Long-term refusal to fulfill the obligation to support children is not conducive to the healthy growth of minor children and will also add additional burdens to the elderly. The reason why the elderly take care of their grandchildren is based on their selfless love for their children and grandchildren, and their efforts should be respected and affirmed!
planning Chen Dichen
copywriting Ren Guoyong Zhang Bingjing
videography Lu Jing
editing Huang Xian
design Dong Lin
proofreading Tao Shanggong
