The place to ask China-related questions!
Beijing Shanghai Guangzhou Shenzhen Chengdu Xi'an Hangzhou Qingdao Dalian Suzhou Nanjing More Cities>>

Categories

Close
Welcome to eChinacities Answers! Please or register if you wish to join conversations or ask questions relating to life in China. For help, click here.
X

Verify email

Your verification code has been sent to:

Didn`t receive your code? Resend code

By continuing you agree to eChinacities's Privacy Policy .

Sign up with Google Sign up with Facebook
Sign up with Email Already have an account? .
Posts: 4421

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

Q: I can't answer this, can you? Child custody?

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 1 week ago in  Family & Kids - China

 
Highest Voted
Posts: 1198

Shifu

2
2
You must be a registered user to vote!
You must be a registered user to vote!
0

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.

8 years 1 week ago
Report Abuse
Report Abuse
8 years 1 week ago
 
Answers (6)
Comments (8)
Posts: 7204

Emperor

1
1
You must be a registered user to vote!
You must be a registered user to vote!
0

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.

8 years 1 week ago
Report Abuse

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

8 years 1 week ago
Report Abuse

philbravery:

also how would things change once the money is turned off scince that is how it all started

8 years 1 week ago
Report Abuse
Report Abuse
8 years 1 week ago
 
Posts: 1439

Shifu

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

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.

8 years 1 week ago
Report Abuse

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.

8 years 1 week ago
Report Abuse
Report Abuse
8 years 1 week ago
 
Posts: 4421

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

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.

Report Abuse
8 years 1 week ago
 
Posts: 1876

Emperor

1
1
You must be a registered user to vote!
You must be a registered user to vote!
0

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.. 

8 years 1 week ago
Report Abuse
Report Abuse
8 years 1 week ago
 
Posts: 1198

Shifu

2
2
You must be a registered user to vote!
You must be a registered user to vote!
0

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.

8 years 1 week ago
Report Abuse
Report Abuse
8 years 1 week ago
 
Posts: 19

Governor

0
2
You must be a registered user to vote!
You must be a registered user to vote!
2

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.

7 years 10 weeks ago
Report Abuse
Report Abuse
7 years 10 weeks ago
 
Know the answer ?
Please or register to post answer.

Report Abuse

Security Code: * Enter the text diplayed in the box below
Image CAPTCHA
Enter the characters shown in the image.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <img> <br> <p> <u>
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Textual smileys will be replaced with graphical ones.

More information about formatting options

Forward Question

Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77