Do I need to notify the parties of a custody judgment appeal?

It is necessary to notify both parties.

According to the provisions of the Civil Procedure Law, if a party appeals because he is dissatisfied with the first-instance judgment on custody, the original people's court shall, after receiving the appeal petition, serve a copy of the appeal petition on the opposing party within 5 days, and the opposing party shall file a reply within 15 days from the date of receipt. The people's court shall send a copy to the appellant within 5 days of receiving the reply.

After the court of second instance determines the time for the investigation or cross-examination, it will also notify both parties in advance and require both parties to appear in court on time to participate in the litigation.

Code of Civil Procedure

Article 166:The appeal petition shall be submitted through the original people's court, and copies shall be submitted in accordance with the number of opposing parties or representatives.

Where parties directly appeal to the second-instance trial court, the second-instance trial court shall transfer the appeal petition to the original people's court within 5 days.

Article 167:When the original people's court receives an appeal brief, it shall send a copy of the appeal petition to the opposing party within 5 days, and the opposing party submits a reply within 15 days of receiving it. The people's court shall send a copy to the appellant within 5 days of receiving the reply. Where the opposing party does not submit a reply, it does not affect the people's court's trial.

The original people's court shall send it to the second-instance trial court within 5 days, together with all case files and evidence, upon receipt of the appeal petition or reply.

Legal analysis: After the judgment takes effect, it cannot be appealed, and can only apply for a retrial or apply to the procuratorate for a protest. Where a party quietly believes that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 199:Where a party feels that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where a party applies for a retrial, the enforcement of the judgment or ruling is not to be interrupted.

In any of the following circumstances, the parties may apply to the people's procuratorate for a procuratorial suggestion or prosecutorial counter-appeal

1) The people's court rejects the application for retrial;

2) The people's court has not made a ruling on the application for retrial within the time limit;

3) The retrial judgment or ruling is clearly in error.

The people's procuratorate shall conduct a review of a party's application within three months, and make a decision on whether to submit or not to submit a procuratorial suggestion or prosecutorial counter-appeal. Parties must not apply to the people's procuratorate again for a procuratorial suggestion or prosecutorial counter-appeal.

Legal Analysis: Custody cases can be appealed. According to the relevant legal provisions, if a party is dissatisfied with the first-instance judgment of a local people's court, he may appeal to the people's court at the level above within 15 days of receiving the written judgment against the people.

Where parties are dissatisfied with the first-instance ruling of the local people's court, they may appeal to the people's court at the level above within 10 days of receiving the written ruling. Loss macro.

Legal basis: According to Article 164 of the Civil Procedure Law of the People's Republic of China, if a party is dissatisfied with the first-instance judgment of a local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Custody cases can be appealed.

Legal basis

Article 116 of the Civil Procedure Law of the People's Republic of China provides that if a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the level above within 15 days from the date on which the judgment is served. If the parties are not satisfied with the ruling of the local people's court in the first instance, they have the right to appeal to the people's court at the level above within 10 days from the date of service of the ruling.

Summary. Kiss! The court ruled that custody belongs to the defendant, and the defendant appeals, and the child support should belong to the defendant during the appeal!

The court decides that custody belongs to the defendant, and the defendant appeals, and who should be the child during the appeal period.

Kiss! The court ruled that custody belongs to the defendant, and the defendant appeals, and the child support should belong to the defendant during the appeal!

Hello, the defendant does not support, saying that the court judgment has not taken effect as a reason, and does not support, can I go to the court to apply for enforcement.

Article 36 of the Marriage Law states that the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties. (The Marriage Act will lapse on 31 December 2020).

According to Article 1080 of the Civil Code, 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. (The Civil Code came into force on January 1, 2021).

According to your account, is the child over two years old?

No, the child is 15 years old.

If the child is over 2 years old and the child is given custody to the defendant in the first instance, custody of the child should still be vested in the defendant during the appeal.

Before the divorce for 9 years, the plaintiff was raised, and now, because of poor health, taking care of the elderly at home, and having no energy to raise him, so he waited in the court for more than half a year to dismantle, and he can be sentenced to be raised by the defendant.

Therefore, if the defendant does not raise the child, he can apply to the court for enforcement.

Of course, I'm just standing in the perspective of an intermediary, 9 years of raising, after all, it is your own child, you will be promoted to raise for another three months, and wait until the appeal has a result to see the situation of the quarrel.

Of course, this is only my personal suggestion, and according to the law, it should be raised by the defendant.

If the defendant appeals, it is considered that the judgment has not taken effect.

The verdict came into effect, just the verdict, and there is a period of appeal.