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Expert: John Dong - 8/3/2009


Question
QUESTION: Dear Sir
Divorced Chinese couple 2 children(1 under 10yo 1 over 10yo)  have always been in the care of the mother and the father has provided the financial care of all.
The father has remarried and has a child (2nd wife)and has little contact with the children of the 1st marriage.
The 1st wife wishes to pursue interests outside china.
The father is very spiteful of the  1st wife's intentions and has stated he does not want her to be happy has cut off her financial assistance (continues to provide financial for children)and he refuses to grant permission for the children to exit china.
(Due to language I'm not sure of the technicalities of custody or permission)

?Can this Woman get legal custody of the children?
Hope you understand my question

Thank you
John


ANSWER: Hi John,

Since the couple has civorced and the Mother took the custody and the Father paid the expenses of bringing up children, no matter the divorce agreement was signed in court or civil administration bureau, the Father should abide by the agreement.

I think the Father should keep pay the expensess of upbringing. If the Father rufused to do so, the mother can bring suit for that.

rgds.

Dong

---------- FOLLOW-UP ----------

QUESTION: Thanks for your reply

The main issue is that if the mother wishes to leave china with the children, can she do so without authority from the father?

Also the financial ramifications.

Thank you

Answer
If the Mother have guardianship over the 2 children, I think she can leave China with the children.

If the Father has reasonable ground that the Mother take children abroad would be  disadvantageous to the children's growth, he can go to court for prevent it and alter the guardianship.

If there is no change for the guardianship, the Father need keep on paying the expensess of upbringing.

rgds.

Dong

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John Dong

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Chinese Lawyer. Practiced in Guangzhou, China. I can answer questions about Chinese businese and commercial law especially investment in China.Also I can answer other question about Chinese law. skype: johnsondong email: dong_xz#tom.com https://www.xing.com/profile/John_Dong3

Experience

Over 10 years practice in the field of Chinese law and international law. Extensive practice in company law, real estate law, banking, corporation establishment, foreign investment and other foreign affairs. intellectual property settlement, commercial litigation, civil litigation, administrative litigation, criminal defend, divorce, tort liability, product liability. Draft pleadings, defences, motions.

Organizations
Yingke Law Firm Guangzhou Office. Attorney at Law. Address: 15,16,17,18/F, B tower, Southern Media Building, No.289 Guangzhou Avenue M., Guangzhou, Guangdong, P.R. China. Post Code: 510610 Tel: 8620-6685-7288 Fax: 8620-6685-7289 Mobile: 86-189-2611-5891 http://www.yingkelawyer.com/

Publications
Province Ruled by Law, Economy and Development, Jan. 1998.
Auditors's Liability to Third-Party under the Jurisdiction of U.S.A, Hebei Law Science, May, 1999.
The Legal Framework of Real Estate Mortgage, Postgraduate Journal of Jinan university, June, 1999.


Education/Credentials
Law School:
Jinan University, Economic Law Department,
LL.M (Masters Degree in Law) in Economic Law, 1997-2000.

Zhongshan University, Law Department,
J.D. in Economic Law, 1990-1994.


Past/Present Clients
V*** Inc. (US, NY), F*** Co., Ltd. (US, NY), V*** Inc. (US, CA), S*** GmbH (Germany), S*** Ltd. (Japan), N*** Group. (Italy), W*** Gmbh&Co.KG. (Germany), N*** (CHINA) LIMITED(Hong Kong), L*** Limited of Hong Kong, D*** Bank, Ltd. (Hong Kong), K*** Limited (Hong Kong), F*** Limited (Hong Kong), P***HoldingsCo. Ltd. (Hong Kong), N*** Holdings Limited. (Hong Kong) and etc.

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