What should I do if the guardian does not take back the children after the divorce

You can file a lawsuit with the court to request a change in the maintenance relationship and the other party will pay the child support.

According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

15. After the divorce, if one party requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.

16. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

1) Living with the child, one of the parties 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) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

Therefore, after the divorce, if one party requests to change the child support relationship, he or she should file a separate lawsuit.

According to the Marriage Law of the People's Republic of China:

Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Therefore, the parent who does not directly raise the child shall bear part or all of the necessary living expenses and education expenses, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

He can be sued in court.

If, after the divorce, the guardian does not have the obligation to support the child, he may file a lawsuit with the local people's court. An agreement or judgement concerning the child's subsistence and education expenses shall not prevent the child from making a reasonable demand to any of the parents, if necessary, in excess of the amount originally established in the agreement or judgement. The parents' obligation to support their minor children is unconditional and must be undertaken, so if the parents do not fulfill the maintenance obligations, the minor children have the right to claim child support from their parents, including the child's living expenses, education expenses, medical expenses and other daily expenses.

If a dispute arises over a claim for child support from a parent, you can seek mediation from the relevant authorities, or if the child or other close relatives file a lawsuit in court. The court here is required to deal with it in accordance with the law. If the guardian does not perform the obligation of support, it is not performing the guardianship duty, and other persons or units with guardianship qualifications may file a lawsuit with the local people's court.

The guardian is required to bear the corresponding civil liability, and the trial shall be conducted in accordance with the ordinary procedures. If there is a request for a change in the guardianship relationship, the trial must be conducted in accordance with special procedures, and in this case, civil liability is required. If a change in the guardianship relationship is requested, it needs to be tried separately.

Parents have an obligation to raise and educate their children, and this obligation will continue until the children reach adulthood and are able to live independently. Parents generally raise their children until the age of 18, and those who have reached the age of 18 belong to persons with full capacity for civil conduct, and those who are over 16 years old and under 18 years old can stop paying child support fees if their labor income is the main one. <>

If the guardian is truly incapable of raising the child, as long as he or she is mentally ill or incapacitated. Children may request a change of guardianship, or if the parents themselves have lost the ability to support them, they may also apply for a change of guardianship. The child itself is innocent, and the child cannot be ignored because the relationship between the husband and wife has broken down.

At this time, the other party can be punished by law, because his behavior has constituted a violation of the law, and it will also hurt the child's young heart, and at the same time, there is no sense of responsibility.

At this time, I think I should go through the legal procedures and get the custody of the child back, otherwise it will have a certain impact on the child's psychology, and I will still feel very sad.

If the other party does such a thing, it means that the relevant laws have been violated, and at this time, the matter can be solved by the police, and the child should also be responsible.

Legal analysis: In the event of a divorce, the guardian shall be liable in accordance with the law regardless of the child's troubles.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

What should I do if the other party takes the child away without the guardian's knowledge after the divorce?

After a divorce, it is a legitimate request for a party to want to visit the children. However, it is illegal to seriously affect the normal life of others by visiting children, or to take children away forcibly or loosely without the consent of their guardians. If serious consequences such as panic, crisis, or lack of mental harm are caused to the guardian's family, a litigation request may be submitted to the local people's court.

If a husband and wife do not pay child support in a divorce, they may file a civil lawsuit to compel the other party to pay child support. At the time of divorce, if the husband and wife determine that the child is directly raised by one party, the other party shall bear part or all of the child's child support, and if the other party does not pay, they may file a maintenance lawsuit with the people's court and request that the people's court make a judgment that the other party pay child support on a regular basis.

1. What is the improper part of not paying child support?

Consequences of not giving child support:

1. If the two parties agree to divorce, and the party who does not directly raise the children does not pay child support, the other party may file a lawsuit with the people's court and request the court to order the other party to perform its due obligations based on the original agreement.

2. If the two parties file for divorce, if one party does not enforce the alimony due to the court judgment, the other party may directly apply to the people's court for compulsory enforcement.

2. How to sue for a return if alimony is not paid for many years after divorce.

After the divorce, if you want to get back the alimony through litigation, you can file a civil lawsuit. After the divorce, if the child is directly raised by the parties, but the other party has not paid child support for many years, the party may go to the people's court to submit a complaint and file a maintenance lawsuit with the people's court.

3. Will there be a prison sentence for refusing to pay child support?

Refusal to pay child support is not punishable. If a person who has the obligation to pay child support does not pay child support, the husband and wife may first negotiate a settlement; If the negotiation fails, a lawsuit may also be filed with the court. Where the court still refuses to pay after making a judgment in accordance with law, it may apply to the people's court for compulsory enforcement.

According to the Civil Code of the People's Republic of China, if the children are directly raised by one party after divorce, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the relevant provisions shall not prevent the child from making a reasonable demand against either parent if necessary for more than the amount originally set in the agreement or judgment.

Article 1085 of the Civil Code of the People's Republic of China provides that after a divorce, where the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Parents are still guardians of children after divorce. The law stipulates that the guardian of a minor child is the parent as long as the parent is not dead or incapacitated. If the parents lose the ability to take custody or die, the guardian of the child may be served by the guardian grandparents, maternal grandparents, brothers, and sisters in the order of dispersion.

Article 27 of the Civil Code of the People's Republic of China provides that parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents or maternal grandparents; (2) Elder brother or sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.