本期双语案例推送姚某某与王某某同居关系子女抚养纠纷上诉案等有关子女抚养纠纷类案例。
目录
Yao v. Wang (appeal case regarding dispute over custody of children born out of wedlock)Makoto Sugao v. Yan Rongrong (case regarding dispute over child custody)Lu A v. Lu B (case of dispute over child support)
Yao v. Wang (appeal case regarding dispute over custody of children born out of wedlock)根据婚姻法的相关规定，未办理结婚登记同居生育的子女属于非婚生子女，其享有与婚生子女同等的权利。父母离婚后，父母与该子女的关系并不消除，离婚后，父母仍负有对其抚养和教育的权利和义务。故父母离婚时应妥善处理好子女的抚养问题，从有利于子女成长的角度、父母的经济状况等因素考虑，由一方抚养，另一方给予抚养费。
[Judgment Abstract]
According to the relevant provisions of the Marriage Law, children born by parents who live together without formally registering their relation as a marriage are illegitimate children, but these children still enjoy the same rights as children born in wedlock. After the parents get divorced, the relationship between the parents and the children is not eliminated, so the divorced parents still have the rights and obligations to bring up and educate their children. In this case where the parents get divorced, they should properly handle the issue of fostering their child. In favor of the growth of child and given the financial situation of both parents, one party should have the custody of child, and the other party should provide the child support fee.
[CLI Code] CLI.C. 8076023 (EN)二、须加尾诚诉严荣荣抚养关系案
Makoto Sugao v. Yan Rongrong (case regarding dispute over child custody)依据《婚姻法》第三十六条、第三十七条规定，离婚后，父母对于子女仍有抚养和教育的权利和义务，一方抚养的子女，另一方应负担必要的生活费和教育费的部分或全部。即我国对离婚后子女的监护采取的系单独监护的原则，即子女随父母一方共同生活，另一方虽仍有对子女抚养教育的义务，但不与子女共同生活，仅对子女享有探视权。根据婚姻法的规定，对子女的抚养、保护和教育的权利义务始终在父母，祖孙间产生抚养关系须同时具备以下三个条件：(1)父母双方已死亡；或一方死亡，另一方确无抚养能力；或父母均无抚养能力。(2)孙子女未成年，需要抚养。(3)祖父母、外祖父母有负担能力。因此，夫妻离婚后，只有在符合上述之条件时，婚生子方可由祖父母或外祖父母抚养。
In accordance with Article 36 and 37 of the Marriage Law, after a divorce, parents still have the right and obligation to raise and educate their children. When one party gain the custody of the child, the other should bear the necessary living and education expenses in part or in whole. That is, China follows a principle of single custody for the child whose parents get divorced. While the child lives with one parent, the other parent does not live with the child and only have visitation rights although he or she still has the obligation to raise and educate the child. According to the provisions of the Marriage Law, the rights and obligations of raising, protecting and educating children always belong to parents, and grandparents gain the custody over their grandchildren provided that the following three conditions are met concurrently: first, both parents have died; or one of the parents has died, but the other one is incapable of raising the child; or both parents are incapable of raising the child. Second, the grandchildren are minors in need of raising. Third, grandparents are capable of raising the child. Therefore, after a husband and a wife are divorced, a child born in wedlock may be under the custody of the grandparents only when the above-mentioned conditions have been met.
【法宝引证码】CLI.C.352973
[CLI Code] CLI.C. 352973 (EN)
Lu A v. Lu B (case of dispute over child support)父母对子女有抚养教育的义务。根据《中华人民共和国婚姻法》第三十七条的规定，离婚后，一方抚养的子女，另一方应负担必要的生活费和教育费的一部分或全部，负担费用的多少和期限的长短，由双方协议；协议不成时，由人民法院判决。关于子女生活费和教育费的协议或判决，不妨碍子女在必要时向父母任何一方提出超过协议或判决原定数额的合理要求。根据上述规定，父母离婚后，在必要时，子女可向父母任何一方要求增加抚养费。Parents are obliged to support and educate their children. Pursuant to Article 37 of the Law on Marriage of the People's Republic of China, if, after the divorce of parents, the children are to be brought up by either party, the other party shall undertake a part or all of the necessary living and education expenses. The amount and term of payment shall be agreed upon by both parties; or in the absence of such agreement, the amount and term shall be decided by the people's court. No agreement or judgment concerning the expenses for the living and education of the children may in any way prevent the children at the necessary time from making a reasonable request to either parent for an amount beyond that’s determined in the said agreement or judgment. Accordingly, after the divorce of parents, their children may at the neccesary time request for an increase in child support payment by either party.【法宝引证码】CLI.C.6233398
[CLI Code] CLI.C. 6233398 (EN)