On April 25, 2024, Wuxi Xishan Court issued Wuxi’s first habeas corpus order to “return minor children”. On May 6, the party hiding the child took the initiative to fulfill the protection order, and the child finally returned to his mother after being separated for half a year.
"Judge, I haven't seen my daughter for half a year." More than half a month ago, Judge Zhao Lingjie of Dongbeitang Court of Xishan Court received an application for "habeas corpus" submitted by Xiaoling, the plaintiff in the divorce case.
In February 2021, Xiaoling married Asong, but their married life was not satisfactory. It turned out that not long after their marriage, the two gave birth to their daughter Doudou, and the trivial matters gradually became more and more disputes.
In June 2022, Xiaoling returned to her parents' home with her daughter. Doudou was only 9 months old at that time. The accident happened on October 30, 2023. While Xiaoling was at work during the day, Asong took Doudou away without saying hello under the pretext of visiting the sick Doudou. After that, Xiaoling tried various ways to see her daughter, but Asong always refused to cooperate.
"Judge Zhao, it has been almost half a year since my daughter left me. She is almost three years old in the blink of an eye. I have not seen her or spoken to her in the past six months... I, I am afraid that she will forget me. Divorce I don’t know when the lawsuit will end. I can’t wait. I want to apply for a habeas corpus order to let him return his daughter to me.”
After receiving the application, Judge Zhao Lingjie reviewed the opinions and evidence of both parties and determined that Doudou was raped by Asong. They were taken away for half a year, during which time they never cooperated in allowing mother and daughter to see each other, artificially cutting off the family relationship between mother and daughter. According to the "Anti-Domestic Violence Law" and the "Jiangsu Province Anti-Domestic Violence Regulations", the habeas corpus order can include the measure of "prohibiting the snatching and hiding of minor children", but for Doudou, who has been taken away by Asong, it is only " "Prohibition" seems too general. Is there any more relevant and powerful substantive content? Zhao Lingjie fell into thinking.
Judge Zhao Lingjie understands that in order for a habeas corpus order to become a "full safety shield", it must be enforceable. Once the party refuses to perform, the protection order should become the basis for relevant departments to intervene and perform their functions.
On April 25, 2024, Judge Zhao Lingjie issued a habeas corpus order that was different from the past. While prohibiting Asong from snatching or hiding Doudou, and from taking Doudou away from Xiaoling’s custody without authorization, he also clearly ruled that Asong would be detained within a certain period of time. Doudou was sent back to Xiaoling for custody and care. The protection content of the "habeas corpus order" is clearly "the return of minor children", which is the first time in Wuxi. After the
protection order was served, Asong's application for reconsideration was rejected. In order to effectively implement the contents of the personal safety protection order, Zhao Lingjie notified Asong and Xiaoling to talk to the hospital. Faced with Ah Song's question of "I take good care of the child, why do I have to give it to my mother?", Zhao Lingjie explained that the most important purpose of the "habeas corpus order" is not to resolve the relationship and emotions of the couple, but to protect the interests of the child. Allow children to still receive the love of both parents during their parents’ divorce proceedings.
Finally, on the basis of ensuring Asong's visitation rights, Asong and Xiaoling finally reached an agreement on the custody and visitation of Doudou, and Xiaoling sent Doudou home that night.
In the long-awaited embrace, the mother and daughter smiled particularly happily. When they parted, Xiaoling said softly to Asong: Don't worry, I'll let you watch Doudou when the time comes. (The characters in the article are pseudonyms)
Yangtze Evening News/Ziniu News reporter Zhang Jianbo
Proofreading Li Haihui
