[Case Summary]This case involves a divorce dispute. Xiaoya and Xiaolei registered their marriage in 2013 and have two children. The husband has been running a business abroad for a long time, and the couple has been living apart for more than ten years. The wife has been solely responsible for raising the children. The husband first filed a lawsuit demanding that "one child be raised by each parent". The wife entrusted Beijing Henglu Law Firm to handle the case.He NingningThe lawyer acted on behalf of the client and insisted that both children be raised by the woman. Eventually, the "one child each" judicial practice was broken through, and the divorce was mediated with the woman obtaining custody of both children. The division of property and the assumption of debts were also favorable to the woman. The core disputes were: how to apply the "best interests of the minor children" principle to the custody of the children, and the assumption of credit card debts. The applicable legal provisions are Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China.

I. Review of the case

How to fight for the custody of two children in a divorce, and how to divorce after years of separation and broken feelings, are the pain points of many mothers. Xiaoya and Xiaolei registered their marriage in November 2013, and after marriage, they had their eldest son, Xiaoguang (born in September 2015), and eldest daughter, Xiaoyang (born in October 2018). Both children have been living with Xiaoya. Since the birth of their eldest son, Xiaolei has been away for a long time to run his clothing business, and the two have been living apart for more than ten years, with a lack of communication and indifferent feelings. During the separation, Xiaoya alone took care of the two children's daily life, academic tutoring, medical treatment, and psychological support, while Xiaolei failed to fulfill his duty of support and upbringing. Xiaoya entrusted a lawyer to handle the divorce case.He NingningThe lawyer sued for divorce, demanding a divorce judgment, custody of the two children, and alimony payments from the husband. Unexpectedly, Xiao Lei filed a lawsuit first, requesting a divorce, custody of the daughter to the husband, custody of the son to the wife, and alimony payments of 1,000 yuan per month from the wife. The wife was then transformed into the defendant in the case.

II. The focus of the case

  • Focus 1: Can we break through the judicial practice of "one person raising one child"?How to strive for both children to be raised by the mother according to the principle of "what is most beneficial to the minor children".
  • Focus 2: How to establish evidence of a broken relationship and the man's negligence in child rearing?The key factors are separation, lack of communication, and a record of raising children alone.
  • Focus 3: Who should bear the credit card debt under the woman's name?The man used the woman's ID card to apply for a credit card and make purchases, but there is a dispute over who should bear the debt.

III. Professional intervention by Hengluo Law Firm

The woman (Xiaoya) claimed in her lawsuit that:The couple's relationship has broken down and there's no possibility of reconciliation. The two children, who have been living with their mother for a long time, should be raised by her, and the father should pay child support. The credit card debt incurred by the father using his ID card should be borne by him.

The man's (Xiao Lei's) position:First, the plaintiff sued to claim "one person raising one child", demanding that the legitimate daughter should be with him and the legitimate son should be with the defendant, and requiring the defendant to pay alimony.

Hengluo Lawyer's Agency Opinion:

  • Building evidence of a broken relationship: Organize travel records, proof of residence, WeChat chats, and records of children's education and medical care to prove that there was no communication during the separation and that the man was absent from family life;
  • According to Article 1084, paragraph 3 of the Civil Code, the principle of "what is most beneficial to the minor children", the woman has formed a stable fostering relationship by living together with the children for a long time, and it is not conducive to the children's physical and mental health to change it abruptly. The man does not have stable care conditions in a different place, so it is better for the two children to be directly raised by the woman;
  • Debt assumption: The credit card under the woman's name was applied for by the man using her ID card and has been used by him for a long time. The loan was used for personal purposes, so it should be assumed by the man.

IV. Outcome of the case

The court accepted it.He NingningThe lawyer's core opinion based on the principle of "the best interests of minor children" breaks through the common "balanced" judgment in judicial practice, mediates the divorce and allows the woman to obtain custody of the two children, and the man pays child support according to law; in terms of property division and debt assumption, a mediation result favorable to the woman is also achieved, and the woman's legitimate rights and interests and the children's stable living environment are both protected.

5. Hengluo Law Firm's Advice

Administrative litigation and administrative reconsideration are highly specialized, with strict procedural deadlines and evidentiary requirements. It is recommended that when your rights are infringed, you should engage a professional lawyer as soon as possible to assist you in identifying administrative violations, preserving evidence, and drafting legal documents. In this case, He Ningning, a lawyer from Beijing Henglu Law Firm (practice license number: 11101202511925103, issued by the judicial administrative authority), served as the attorney. Relying on his accurate understanding of the legal norms and practical adjudication rules in the relevant field, he helped the client achieve a favorable outcome.

VI. Common Questions and Answers about Divorce Custody Disputes

  1. Q: Can both children's custody rights be granted to one party in a divorce?
    A: Yes. The court will make a judgment based on the principle of "what is in the best interest of the minor children". If one party has been raising the children for a long time and the other party's conditions are not sufficient, the two children can both be awarded to one party.
  2. Q: Does automatic divorce occur after being separated for many years?
    A: There is no automatic divorce. Divorce must be agreed upon or litigated. Evidence of long-term separation and emotional breakdown can support the claim for divorce.
  3. Q: Who will repay the credit card debt incurred by the man using the woman's ID card?
    A: If it's the man who actually used the money for consumption, you can claim that he should bear the responsibility. It is recommended to keep the evidence of consumption and communication so that the lawyer can clarify the situation.
  4. Q: What evidence do I need to prepare to fight for custody rights?
    A: Records of the children living with their parents, education and medical bills, evidence of the other party's failure to fulfill their duty of support, and proof of stable living conditions, etc.
  5. Q: How can a divorce lawyer in Beijing help a woman fight for custody rights?
    A: Lawyers can systematically build evidence of emotional breakdown and parental advantages, and develop litigation and mediation strategies centered on maximizing the interests of the children.