After taking care of the granddaughter for ten years, the old man asked for "bringing grandchil

Author:Xinhua Daily Time:2022.06.13

Bringing children should be the responsibility of parents, but because they are mostly families with dual employees, their parents are running for life. At this time, the child's grandparents and grandfather became the "main force" with the baby. But is the elderly helping to bring a baby?

Recently, the Jiangyan Court of Jiangsu Taizhou concluded the case of "bringing Sun Fei" together. After mediation, the defendants Zhang and Li Mou paid 5,000 yuan to the child, Chen, to bring Sun's fees.

In 2011, Grandma Chen's granddaughter was born, and Grandma Chen's original intention of family and supported a small family. During her husband Zhang's serious illness, she took care of her granddaughter for more than ten years and was responsible for the child's daily expenses and living expenses. The relationship with the granddaughter is deep.

In 2021, his son Zhang and his daughter -in -law Li divorced. After the divorce, the child lived with Li, and Grandma Chen wanted to see Li's house when he wanted to see his granddaughter. Grandma Chen is now 70 years old, her legs and feet are unfavorable. It takes three or four times to go to Li's house, and spend three hours back and forth, and Li's family lives on the fifth floor. Grandma Chen is very inconvenient every time she goes. Grandma Chen tried to let his son pick up his hometown during his granddaughter's holiday, but was rejected by Li.

In early March 2022, Li replaced the anti -theft door lock and did not informed Grandma Chen and his son Zhang by the password. As a result, Grandma Chen broke the contact with the granddaughter who took more than ten years. A paper complaint brought his son and a former daughter -in -law to court.

Considering that this case is the first case of "bringing Sun Fei" in the Jiangyan Court, in order to properly resolve disputes, promote family harmony, and give full play to the significance of law education in such cases, the "Yan Wenfang" family trial team of Jiangyan Court set up the court on the trial site at the court. The village committee invited the masses to attend the audit to achieve the purpose of trial education.

During the trial, Mu Yan, a judge, found that the possibility of reconciliation between the original defendants was very high, so they organized both parties to mediate. "Parents have the obligation to support their children. The grandparents who have the ability to have a burden have the obligation to raise for raising for their unable to raise their parents. The cost should be borne by the parents according to law. "From legal popularization to family relationships, Mu Yan and Qian Shaolin, deputy president of the Development Zone Court, repeatedly communicated patiently to awaken the parties' attention and gratitude to their family members. "Grandma Chen's demands of" bringing Sun Fei ", the main purpose is to hope to see the child regularly. You ignore the old man's dedication, so that Grandma Chen feels sad and chilling."

After hard work, the case finally reached mediation: Zhang and Li volunteered to pay 5,000 yuan to Grandma Chen, and Li also promised to send the child to Grandma Chen's hometown during the summer vacation.

"I listened to the trial today, and I understand that the ancestor with the" love "of the ancestor's belonging to the category of morality, the" duty "that does not belong to the legal category. Belt and not the right to choose from the ancestors, and the children must not be strong. "

Listening to the masses stated that the trial of the trial is very good, which not only resolved family disputes, but also took a vivid publicity and education course for the masses.

Judge said:

Raising minor children is the statutory obligation of parents. In the case of parental support, the grandparents and grandparents of the minors did not have the statutory education obligations of their grandchildren and grandson children. In real life, the phenomenon of raising education of grandparents, grandparents, and grandson children abound. The children's grandparents, grandparents and parents are consistent with their parents. In fact, this is the agreement between the two sides to reached the child. Can the children's grandparents and grandparents ask their parents to pay the relevant costs accordingly?

The Marriage and Family Articles of the "People's Republic of China" did not clearly specify, but Article 464 of them stipulates the relationship between marriage, adoption, and guardianship. For its nature, you can refer to the provisions of the applicable contract. We can refer to Article 979 of the Applicable Contract Article 979: The manager does not have a legal or agreed obligation to manage the affairs of others in order to avoid the loss of the interests of others. If the manager is lost due to management affairs, he may ask the beneficiary to give appropriate compensation.

Therefore, the elderly can help their children do housework and bring their children when they can do what they can, but from a legal perspective, parents are the child's first guardian. On the issue of raising the child, grandparents can only sing supporting actors , Mom and Dad should sing the protagonist. The family is the first class of life, and the parents are the first teacher of the child. To help children buckle the first buckle of life, parents need to inherit the traditional virtues of gratitude and kindness. After being a parent, you must know how to thank the elderly for their hard work.

(Wan Juan)

Review: Pan Ruikai

Editor in charge: Xu Luping

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