Respondent: Feng XX, male, 1969+0 1 born in September, Han nationality, individual.
The respondent put forward the following opinions on the case of child custody dispute brought by the plaintiff to our hospital:
The plaintiff demanded in his civil lawsuit: "The daughter Feng Yuzhu was ordered to be raised by the plaintiff." The plaintiff listed a series of reasons and grounds in the complaint, which can be summarized as follows:
"Daughter Feng Yuzhu strongly demands to live with the plaintiff"; "The daughter and the defendant live together, which is not good for her healthy growth"; The plaintiff "has the conditions to raise her daughter and ensure her healthy growth"
The entrusted agent refuted these three questions one by one.
1. "My daughter Feng Yuzhu strongly demands to live with the plaintiff * * *"
The defendant has no evidence to support this. The defendant's daughter's "written request" is unacceptable and has no probative force.
We believe that there is a problem with the plaintiff's way of obtaining evidence, which is suspected of misleading and inducing. This kind of testimony is difficult to guarantee that it is the true meaning of the child.
We doubt the plaintiff's so-called "will" of the child. There is a possibility that a nine-year-old child who is already more sensible may face a mother who raised her own biological mother and may face a tearful mother. How will she answer her mother's question? Children will not understand her words, the role and significance of this "testimony". In order to give some comfort to the mother, the child may say "I would like to live with my mother". This is hardly what the child really means. Just for the sake of mother's face, in order to give her a little comfort.
We believe that only children can be asked by a fair and neutral third party, that is, the judge, "Would you like to live with your mother or your father?" To verify the child's true wishes, in this case, the child's expression of meaning is authentic. According to the relevant provisions of the Marriage Law and the Law on the Protection of Minors, the expression of Xiao Yu's true meaning is the main basis for the court to decide the case. Children's wishes and children's "demands"-as the key evidence of this case, is it true? Is it the child's real will? The child should be questioned in court, and the court should ask the child's wishes-is it "strongly demanding to live with the plaintiff?" Only when the child expresses such a wish in court-asking to live with his mother, will there be evidence value.
If the child is unwilling to appear in court for interrogation, the written "request" of the child put forward by the plaintiff cannot be verified, is inadmissible and has no evidential effect. The plaintiff shall bear the consequences of insufficient evidence. The evidence of the plaintiff's claim is insufficient, and the plaintiff's claim is rejected by the court.
Second, "it is not good for her healthy growth to live with the defendant."
What the plaintiff said is purely his own subjective speculation. There is no fact or evidence to support it. The so-called facts and reasons cited by the plaintiff to support and prove the plaintiff's speculation are also speculative, or fabricated, or can not prove the problems that the plaintiff wants to prove at all.
The plaintiff said in the complaint: "Although the daughter lives with the defendant through mediation by the court, in fact, the daughter has been living with her grandparents. After the defendant reorganized his family, he rarely asked about her life and study, and had little emotional communication with her daughter, so that her daughter was afraid of him. Every time she is with me, she always says that the defendant is coming to arrest her, which casts a shadow over her young mind. "
There are misunderstandings, speculations and unrealistic judgments.
The defendant was not separated from the children's grandparents. They all live together. It should be said that these children are her father and her grandparents. The defendant did not live separately from her grandparents, and there was no case of leaving her children in the care of her grandparents.
The defendant remarried, but the defendant did not affect the care of the children because of remarriage. The children's stepmother affectionately calls her aunt, and her stepmother also likes the children and loves them very much. Feng Yuzhu told me that it was not the first time. She told me, "My aunt is very kind to me. She cooks for me and my clothes are washed by my aunt." It can be said that the defendant has established a family. It can only be said that he has given his children more care and warmth. In addition to the love of grandparents, there is also the love of the children's father and stepmother. What's wrong with this kid?
Give some examples of what I have seen and heard in recent days: caring about her eating and studying,,,
The plaintiff said: "The defendant rarely asks about her daughter's life and study, and has little emotional communication with her daughter." This sentence is fictitious, speculative, unsupported by evidence and untenable. As the head of the family, the defendant, as the main labor force in the family, had to go out to run business, work to earn money and support his family. In this way, the defendant will spend less time at home and have less opportunities to communicate with children. But in fact, the defendant did not reduce the care for the children.
The plaintiff claimed that the child "always said that the defendant would come to arrest her every time he was with me, which cast a shadow over the child's young mind." This sentence is fabricated by the plaintiff and unrealistic. Will children be so afraid of their father? In fact, the child told me more than once: "Dad loves me very much and I want to live with my father."
Third, the plaintiff "has the conditions to raise his daughter and ensure her healthy growth"
As the mother of the child, it is understandable that the plaintiff has such a good wish, even a strong wish. In fact, the plaintiff has no conditions to guarantee the healthy growth of children.
1, the plaintiff has no housing conditions and he doesn't even have a place to live. How can he make his children grow up healthily? I'm really afraid that such remarks hurt the plaintiff's self-esteem.
2. The plaintiff's income certificate is not credible. The plaintiff works in his brother's kindergarten. How to open the income certificate? How much to write? It is easy to issue such a certificate. If the plaintiff has a recent personal income tax payment certificate, the income certificate is still credible.
The conditions in this kindergarten are extremely poor. .
Income is very limited. We calculated for him that each person can receive 150 yuan per semester and 15000 yuan per semester. Excluding costs, that is, rent, staff salaries, water and electricity costs, office management costs and other costs, how much can be left? What's left of the necessary expenses for throwing away the plaintiff's brother? If you don't manage well, you may lose money in case something goes wrong. In fact, the risk of opening a kindergarten is also great!
3. If the child lives with the plaintiff, where does the child go to school? What school do you go to? The child graduated from primary school this year. The defendant, the child's father is going to send him to school in the county, once every two weeks, and the child's aunt lives in the county, and will also give him some care. Does the defendant have this ability and condition? If you go to a private school in the county, can the plaintiff pay the tuition? What is the guarantee?
Generally speaking, the plaintiff's request to change the custody of children is unfounded. First of all, the child doesn't want to live with the plaintiff. Secondly, the plaintiff does not have the ability and conditions to ensure the healthy growth of children. The evidence presented by the plaintiff is unacceptable and untrue. The plaintiff should bear the responsibility of insufficient proof. Therefore, I request the court to reject the plaintiff's claim according to law!
Respondent: Feng XX.
August 2008 10