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You can report to the police and file a lawsuit with the court, and it is okay to apply for enforcement of child custody after divorce, and you can apply to the court for enforcement. Because the judgment, ruling and mediation agreement of the court will have legal effect once they take effect, and they will be mandatory for the parties, and all parties shall perform their respective obligations in accordance with the content of the legal documents. If the parties do not automatically perform the effective judgment documents, the right holder has the right to apply for compulsory enforcement.
Legal analysisChild custody. If there is a child, within the age of two, in principle, the child shall be given maintenance to the woman, and after the age of two years, the maintenance shall be awarded to one party according to the principle of the best interest for the child's growth, and the other party shall be responsible for paying a certain amount of maintenance. The parties can negotiate a settlement to determine custody and alimony, as well as visitation matters.
After the divorce, one party raises the children, and the other party should bear part or all of the necessary living expenses and education expenses. The specific amount of alimony may be determined by both parties through consultation, and if the negotiation fails, it may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual living standards of the locality, and if there is a fixed income, the alimony may generally be paid in proportion to 20 to 30 of the total monthly income. In judicial practice, it is generally paid monthly, of course, if conditions permit, a lump sum payment can also be claimed.
The judgment is made after carefully confirming the circumstances of both parties, but the child during the breastfeeding period is generally awarded to the woman for support, and if it is not breastfeeding, it is necessary to see which party is more suitable for the child's growth and seek the child's opinion.
Legal basisArticle 1084 of the Civil Code of the People's Republic of China: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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After the husband and wife go through the divorce formalities at the Civil Affairs Bureau in accordance with the divorce agreement, the divorce agreement is legally binding on both parties, and both parties should abide by the content of the agreement.
Article 119 of the Civil Procedure Law: A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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So you can't find your child in ** now? You can directly report to the police that the child is missing or abducted, don't say that you were taken away by your ex-wife, and ask the police to file a case. It is said that being taken away by an ex-wife is a civil dispute, and that the disappearance or abduction of a child is a criminal case that the police cannot ignore.
Call 110 directly to report the case, don't go to the police station first, 110 will call the police.
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Sue for custody of the child.
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I believe that none of us should want to see such a scene as divorce! This is really hurtful to both parties, and a failed marriage will always be with them. If it is said that for those couples who have no children after marriage, the things involved in divorce may not be so much, it is nothing more than some economic property issues; But once you have a child, it is really impossible to break the connection in this life, because there is a child in the middle as that hub, which can never be separated.
And for those couples who have children, after the divorce, it should be the child who will be hurt the mostAfter all, the children are innocent, they have not done anything wrong, but they have to bear the corresponding consequences. You must know that for children, what they want most is that their parents can be by their side, and the family can live happily together, so that the days are good. But once the parents choose to divorce, the child will lose a complete home, no matter who he is with in the future, the family will not be complete, even if the child will have a stepfather and stepmother in the future.
But with the family of origin.
It's different, the child's psychology will have scars, and this time it will accompany the child's life, and it will really affect the child's life. <>
Therefore, when parents decide to divorce, how they should raise their children in the future should be clearly explained in advance. You must know that the damage to the children of divorce is already very great, and parents should consider the healthy growth of their children and must minimize this damage. It is best not to let the child's gap be too big, even if the parents are divorced, whether the child is following the father or the mother, the other party must often go to see the child, do not ignore the child because the child follows the other party, this is too unfair to the child, and the child must feel that the parents love him, and the attitude towards the child is not affected because of the marriage.
In a situation like yours, it is clear that you and your ex-wife did not discuss it before the divorce, and there is no consensus on taking care of the children. You can contact your ex-wife, after all, mothers are really important to the children, but whether your ex-wife will agree to you to play with the children is another matterNow you can only make your child feel motherly love as much as possible.
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This must be for mothers to spend more time with their children. After the divorce, parents should deal with this parent-child relationship, and in the process of children's growth, maternal love and father's love cannot be absent.
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It is completely possible to let the ex-wife pick up the children to play, after all, the children also need maternal love. It is not possible to deprive a child of his mother's love.
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Personally, I feel that I need to let my ex-wife pick up the children to play, so that the children can be accompanied by their mothers and let the children grow up healthy and happy.
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You're welcome. Even if the two of you are divorced, she is still the child's mother, and the child should still get along with the mother.
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Legal analysis: The two parties negotiate a settlement or go to the court to sue and require the other party to implement the divorce agreement.
Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family
Article 55: After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be initiated.
Article 56: In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability; (2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health; (3) A child who has reached the age of 8 and is willing to live with another party who has the ability to support them; (4) There are other legitimate reasons for the change.
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The right to visit, also known as the right to meet and communicate, refers to the right of the parent who does not directly raise the child after the divorce to visit, contact, meet, socialize, and live together with the minor child for a short period of time.
Legal basis: Article 1086 of the Civil Code of the People's Republic of China After divorce, the father or mother who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.
Where a simple sentence is given to a parent visiting a child, which is not conducive to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
Civil Complaint.
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