12/07/2022 11:39

05 judgments on changing child custodians due to child abuse in Vietnam

05 judgments on changing child custodians due to child abuse in Vietnam

Recently, there have been many cases related to acts of child abuse, causing a stir in public opinion. Those who abuse children are also the biological parents of the child, this behavior affects the psychology and health of the child and causes serious social disorders. When this situation occurs, the other party has the right to request a change in direct custody of the child.

Below are 05 judgments about the above case, please refer.

1. Judgment on the dispute over the change of child custodian after divorce No. 07/2020/HNGĐ-ST

- Level of trial: First instance

- Judicial body: People's Court of Tan Phu district, Dong Nai province

- Quoting the content: "Ms. H and Mr. D have two children together, Tang TH Ng, born on March 29, 2005 and Tang Thuy L, born on December 12, 2011, according to the judgment, after the divorce, Mr. D directly raised his grandchildren Ng, L. However, since the divorce, Mr. D did not fulfill his father's responsibilities, did not take good care of Tang Thuy L's grandchildren, and often beat his children, making him always in a panic state. On November 30, 2019, grandchild L left to live at her brother's house, Mr. Nguyen Thanh Nha, from February 2020 until now, grandchild L has been directly raised by Ms. H."

2. Judgment on the dispute over the change of child custodian after divorce No. 215/2020/HNGĐ-PT

- Judgment level: Appellate

- Judicial body: Ho Chi Minh City People's Court

- Quoting the content: "Act of hitting children, preventing the exercise of rights and obligations in the family relationship between Ms. T and Mr. H's children is an act of domestic violence specified at Points a and d. Clause 1, Article 2 of the Law on Domestic Violence Prevention and Control 2007 of Vietnam. According to Clause 6, Article 4 of the 2016 Children's Law, acts of beating, harming health, insults, insulting honor, and acts of intentional Any other intention to cause physical or mental harm to children are acts of violence against children. According to the provisions of Clause 3, Article 52 of the Law on Children 2016 of Vietnam, as long as a child is at risk of violence by his or her parents, the Court has the right to issue a decision to limit the rights of the parent or temporarily isolate the child from father or mother."

3. Judgment on the dispute over the change of child custodian after divorce No. 15/2021/HNGĐ-ST

- Level of trial: First instance

- Judicial body: People's Court of B D district, Binh Phuoc province

- Quoting the content: "The fact that Mr. L beat T1's grandchild has a significant impact on T1's physical and mental development. On the other hand, according to the provisions of Clause 3, Article 84 of the Law on Marriage and Family of Vietnam, "The change of person directly raising children must consider the wishes of children aged 7 or older". Regarding the wishes of child T1 in the self-declaration record dated March 23, 2021, child T1 wishes to return to live with his mother. To ensure a stable life in all aspects as well as the normal mental and physical development of minors. The trial panel thinks that it is necessary to change the person directly raising the child after the divorce, giving the common child to Ms. T to be directly raised is completely consistent with the provisions of the law.

4. Judgment on the dispute over the change of child custodian after divorce No. 05/2021/HNGĐ-ST

- Level of trial: First instance

- Judicial body: People's Court of H city, Thua Thien Hue province

- Quote from the content: "From the date of handing over grandchild Hoang A to brother T1 to directly raise, brother T1 has no responsibility to take care of and raise him. All the care of Hoang A's grandchild is taken care of by Hoang's paternal grandparents and every morning, Ms. T has to go to Mr. T1's house to take Hoang A to school and take care of other things for him. As for Mr. T1, he was drunk all day, didn't care, took care of Hoang A's nephew, and especially beat him."

5. Judgment on the dispute over the change of child custodian after divorce No. 19/2018/HNGĐ-ST

- Level of trial: First instance

- Judicial body: People's Court of district T, Binh Thuan province

- Quoting the content: "During the time that Mr. H1 lived with another woman, Mr. H1 began to no longer care and care for grandchild A, but Mr. H1 had a violent behavior and often used odd words to curse A. Every day Child A is not taken care of by Mr. H1 to eat and drink properly. In addition, A is often beaten by the woman living with Mr. H1 and kicked out of the house. Child A often sleeps at a neighbor's house. The study of child A, Mr. H1 is also not interested; Mr. H1 does not pay tuition fees for grandchild A. Ms. H thinks that Mr. H1 does not take care of and raise child A well developed in all aspects, so she proposes to the Court to consider handing over grandchild A to Ms. H for custody. "

Nhu Y
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