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Child Custody battles in China?
Got a friend, long story short he is seeking a divorce because his wife used a large sum of his money without asking (a least thats what I was told. lol) Anyway he's asking and this is an interesting question: If you are a foreigner and your child is Chinese with a Chinese Hukou, doesn't have your passport. Than is it a no win battle in China, did you lose your kid or kids? Can't fight for custody or even visitation rights after divorce in China? He is the provider in the family, he makes the big bucks, his wife makes the small bucks. Anyone ever seen a case like this? I'll update this as soon as he learns something too. I'm just guessing based on what I know, but I'd say it doesn't matter if you are Bill Gates, you lost your kid after a divorce.. But I'm only guessing lol
8 years 6 weeks ago in Family & Kids - China
usually the court will just cost 5 or 10 RMB
but the lawyer will be expensive and the losing party do not need to take the other parties expenses
ironman510:
yeah, he found out a private lawyer cost Y20,000 as a divorce package. Not sure what the lawyers cost within the Shenzhen Peoples Court.
What would happen if he applied for a foreign passport for his child?
ironman510:
If the Chinese mom/dad refuses to go to the embassy with you than can't get the passport, at least for Americans, both you, the child and the mom need to appear or provide a divorce certificate if the mom doesn't come. But if the soon to be ex wife doesn't bring the child to the embassy than no way to get a passport until the kid can walk over at say age 14 or 16 and say hey dad I want a passport.
philbravery:
so what advice was he given from his embassy ? they should at least point him toward a leagle expert with experience in these matters. logic dictates that this is not a unique event
philbravery:
also how would things change once the money is turned off scince that is how it all started
You mean what happens to people who put themseves in unresolvable situations where they have planned no safety nets and apparently took every step possible so that when shit happens it's game over? Mmmmmh yeah I wonder.
ironman510:
You're right. Very well put, kind of what I told him, the situation looks pretty bleak.
RiriRiri:
Yeah and then troubled kid from irresponsible parents will likely become one more burden to society, most likely US society when said kid discovers China doesn't really endorse people's personnal issues with tax money.
Yay.
Ok Update:
Turns out he'll have to go to the "Shenzhen Family Court" and file his case, he can't do anything at the Futian, Shenzhen Marriage Office, because he's a laowai American. (Stop me if you heard that one before. lol).
After that case if filed the court will split 50/50 for both parties and decide who gets the kids and the parent that doesn't get the kid must pay child support but will have visitation rights as long as he/she is not a danger ..
So that's where he's gotta start, only question is how much will that court system cost him and her.
Go back here: http://answers.echinacities.com/question/how-find-out-if-my-chinese-wife...
The whole process hinges on whether it is a mutually agreed uopn divorce, in which case, the two parties draft an agreement that spells out everything.
If either party contests anything, then lawyers are required.
ironman510:
Thanks man, good link, we read together here at starbucks, we contacted a lawyer and her divorce package was Y20,000, but after reading that link you sent, seems it is best just to go file the case on his own and let the lawyers there handle it rather than hiring a private lawyer... My friend is hyped on coffee worried sick he'll lose his kid. She refused the divorce, he offered 50/50 and for their child to share time together on a weekly schedule. But She wants to run away with him back to her hometown. That's why he is worried. He's a great father, but just has a tiger wife..
usually the court will just cost 5 or 10 RMB
but the lawyer will be expensive and the losing party do not need to take the other parties expenses
ironman510:
yeah, he found out a private lawyer cost Y20,000 as a divorce package. Not sure what the lawyers cost within the Shenzhen Peoples Court.
Listen this is what I did.
Get a passport secretly for your child. Wait till she's at work. Get the kukud in daycare and once grandma gets him to dycare, go back get him out, tell the daycare your son is going to the doctor for shots. Move fast. Get on the first plane to your home country, file for divorce. I was married in china. You can do this no problem. China has no rights once out of their country.
In their country your powerlpowerless.
My daughter is now 6 . I would have lost her forever at 2 had I not done this.
ironman510:
But you need the mom to be present at the embassy if you apply for the passport, at least for Americans.