Supreme People’s Court stresses child protection in divorces

The protection of underage children during divorce proceedings was highlighted by China’s Supreme People’s Court (SPC) in its latest instructions to courts nationwide, as the prevention of juvenile crime has recently become a major concern of the general public following several cases involving teenage offenders.

The release of this instruction by the SPC will help prevent situations where the legitimate rights and interests of minors are disregarded, thereby effectively eliminating various negative factors that lead to juvenile delinquency, legal professionals told the Global Times.

According to the statement issued by the SPC on Monday, judges are required to remind divorcing parents of their legal obligations to their children and warn them of the consequences of violating related laws, Xinhua reported on Monday.

In the instruction, the SPC includes the prevention of juvenile delinquency as a target task, and calls for a deeper investigation into the causes of juvenile delinquency and cases where the rights of minors are violated. The instruction states that if minors cause harm to others, both parents should jointly bear the tort liability in accordance with the relevant provisions of the Civil Code.

Divorcing parents will be fully informed of the legal consequences of forcefully taking or hiding underage children with the intention of gaining custody, the statement said.

Legal analysts pointed out that in the current Civil Code, there is no explicit mention of the protection of minor children of divorcing parents. The instruction from the SPC on Monday is the first time that specific requirements have been made for parents going through a divorce in this regard.

Therefore, the instruction is of great significance in avoiding the adverse effects of divorce disputes on minors. It can effectively safeguard the legitimate rights and interests of minors, Meng Bo, a lawyer at the Beijing Jingsh Law Firm, told the Global Times on Monday.