Analysis Of Minor Upbringing Disputes In Divorce Cases

With the gradual opening up of China’s fertility policy,the number of minor children in the family has increased,the upbringing contradictions exposed when the parents divorced has become more prominent.However,due to the lack of detailed and perfect legislation related to the upbringing of minors and the differences in judges’ judgment ideas,the adopted judgment standards are not consistent and the judges’ discretion is relatively large in practice,and the legitimate rights and interests of minors have been infringed to varying degrees.This paper screened out 95 relevant cases,and selected 6 representative typical cases for key research,counted and sorted out the court’s adjudication views and trial results.It is found that the focus of disputes in this field mainly focused on two aspects.On the one hand,there are disputes over the attribution of custody,including what kind of distribution factors were considered and how to distribute the custody of multi-child families;on the other hand,there are disputes over the payment of custody fees,including whether to distinguish the specific scope of alimony,which calculation standard to apply,how to determine the frequency and duration of payment,and whether the effect of the agreement of the parties to the divorce to determine alimony should be recognized.To solve the problem of custody ownership,judges need to consider many factors,but no matter what factors are taken into account,they should always adhere to the principle of best interests of children,abandon the thought of parental standard,respect the true wishes of minors,and establish the adjudication concept that joint upbringing of minors is the principle and separate upbringing is the exception in multi-child families.To solve the problem of alimony payment,the first step is to distinguish the specific scope of alimony,comprehensively consider the economic situation of the payer and the consumption needs of minors,apply different calculation standards and methods respectively,adhere to the principle of monthly payment,appropriately extend the payment period,and strictly implement the substantive review measures for the act of determining alimony by agreement of the parties to the divorce.