On 15 Apr. 2024, China’s Supreme People’s (SPC) Court issued the “Opinions on Carrying out the Work of ‘Caring for Minors Reminders’ in Divorce Cases Involving Minors” (關于在涉及未成年子女的離婚案件中開展“關愛未成年人提示”工作的意見, hereinafter the “Opinions”), requiring courts at all levels nationwide to guide the parties in divorce cases involving minors to raise their awareness of their responsibilities, fulfill their guardianship duties, prevent juvenile delinquency, and promote the physical and mental health of minors.
The highlights of the Opinions are as follows.
- Courts shall use real cases to remind and emphasize to parties in divorce cases their legal obligations and rights as parents towards their minor children, as well as the adverse consequences of violating the law. For instance, neither parent may violate the principle of acting in the best interest of minors to compete for the right of custody by snatching or hiding the minor children, etc., or they may bear adverse consequences; if the circumstances are serious, the courts may impose a fine or detention, and if the case constitutes a crime, they will also be held criminally liable according to the law.
- Courts may use various methods such as online and offline channels to conduct “care for minor children reminders” at various stages, including case filing, pre-litigation mediation, trial, and enforcement, through oral notices, on-site prompt reading, video playback, and issue “reminder cards” or “reminder brochures”, etc.
- When necessary, the court can combine with family education counseling work.
It is reported that in the same month, courts in various regions, such as the Leping Primary People’s Court, Jiangxi, and the Yushan Primary People’s Court, Ma’anshan, Anhui, have issued reminder cards on the care of minor children to parties involved in divorce disputes.
Photo by Vidar Nordli-Mathisen on Unsplash
Contributors: CJO Staff Contributors Team
