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the couple filed for divorce but neither wanted their eldest daughter? the court ruled

2024-09-01

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in 2012, awei and ajia got married after falling in love, and gave birth to two daughters (both are currently underage). ajia has been a full-time mother at home, while awei runs a small family workshop to make money to support the family. in 2024, the seemingly happy family was in crisis, and awei suddenly filed a lawsuit in court to divorce ajia.

during the trial, awei stated that they often quarreled over trivial matters after marriage, their relationship broke down, and he asked for a divorce. he agreed to raise the younger daughter but was unwilling to raise the older daughter.

ajia agreed to the divorce, but since she had no job and could not raise the children, she asked the court to order awei to raise the two children.

in court, the judge saw that the two parties could not reach a consensus on the custody of the child, so he persuaded the two parties in court, hoping that both parties would carefully consider the custody of the eldest daughter. after the judge explained the law, both parties still insisted on their own opinions and were unwilling to give in. awei said that his parents were old and he had to go out to work and could not afford to raise his eldest daughter. ajia also said that she did not have the financial ability to raise two children. the two were still unable to make a proper arrangement for the custody of their eldest daughter.

the shanghai hongkou court held that although the two parties in this case had reached a consensus on divorce, they were unwilling to raise their eldest daughter. based on the principle of what is best for minors, if the two parties divorced, it would be detrimental to the healthy growth of their daughter, and the court did not support the two parties' request for divorce. (shanghai hongkou court)

at the same time, taking into account the shirking of child-rearing responsibilities by both parties, and in order to ensure the healthy growth of minors, the court sent written "reminders for caring for minors" cards to both parties, hoping that both parties will shoulder their legal obligations of raising, educating, and protecting their two daughters, avoiding psychological harm to the children during their growth and creating a good living and growth environment for the children.

the shanghai hongkou court stated that since parents have given birth to children, they have the obligation to raise, care for and educate them. even if the couple divorces, they should make proper arrangements for the upbringing of the minors and take care of the minors in terms of material and spiritual aspects. they cannot shift the responsibility of raising children to the other party or a third party. if the two parties have not made proper arrangements for the upbringing of the minors, it is difficult for the court to support the divorce request of both parties.