AboutJohnson Dong Expertise 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.
Experience 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 Global Kingway Law Firm Attorney at Law
Address: 12th Floor, Guangdong Holdings Tower, No. 555, Dong Feng East Road, Guangzhou, P.R. China.
Post Code: 510050
Tel: 8620-83858533 Fax: 8620-83857100 Mobile: 86-189-2611-5891
http://www.gkl.com.cn/
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 Variety Accessories Inc. (US, NY), Focus On Fashion Co., Ltd. (US, NY), Varian, Inc. (US, CA), Sirona Dental Systems GmbH (Germany), Seiko Advance Ltd. (Japan), Nassetti Ettore Group. (Italy), Wortmann Gmbh&Co.KG. (Germany), NOVI (CHINA) LIMITED(Hong Kong), Lifetime Trading Limited of Hong Kong, Dah Sing Bank, Ltd. (Hong Kong), Kwik Industries Limited (Hong Kong), Focus-Net Consultant Limited (Hong Kong), ProCareHoldingsCo. Ltd. (Hong Kong), NWS Holdings Limited. (Hong Kong) and etc.
Question my friend is a chinese citizen, married to an american citizen. interestingly, after living in china for over 8 years, the husband ( the american ) decided he wanted a divorce. upon separation, my chinese friend moved to america for several years ( the last 1.5 years in las vegas, nevada ) the husband stayed in china, but he filed for divorce in nevada. the nevada court just recently finalized the divorce, against the wishes of my chinese friend ( i am biased, but i believe she was unfairly treated ) the couple have a 6 year old son that lives with my friends parents in china ( he's never left china ) - the nevada court indicated they had no jurisdiction over the child and that child support will need to be handled in china. WHEW !!! My question, is this divorce binding in china ? the thought being my friend is thinking about returning to China to file divorce there hoping to get a more fair and impartial resolution of the divorce ? 2nd, if she cannot divorce in China, what is the best method to seek child support in China ( again, the father continues to live in China. thanks in advance for the help !!
Answer Your question is very interesting.
I think the Nevada court took the case because the wife is lived in Nevada, and the husband is a Us citizen. So the Nevada court took the case for the "long arm jurisdiction principle"
If the son have an US nationality, I think the Nevada court can judge the case of expenses of bringing up children. But since the boy lived in China, the local standard of living is hardly known by the Nevada court, so they left the case to Chinese court is understandable.
The US judgement of divorce was not certainly acknowledged valid in China. When someone take an overseas judgement to Chinese court for approve validity, the Chinese court will examine the case again according to Chinese law.
So you friend have 2 choice below:
1. Take the Nevada judgement to the Chinese court(the middle class court where they register marriage or where the husband lived.) for admit validity. Then file a parental support case.
But the judgement must done the notarization and authentication proceedings.
2. You friend directly go back to China, file a new divorce and parental support case.
According to Chinese Marriage law, the parties of divorce must appear in the court.
