[Summary], yuexiu District Court judge told reporters, “come back home often” is the important connotation of Chinese traditional filial piety. Law clearly stipulates that family members should be concerned about the spiritual needs of the elderly, not ignored, left out the elderly. With elderly family members living apart, and should often visit or greeting the elderly. Dependants are allowed to give up the right of inheritance or other reasons, refuse to perform their duty.
Parents, travelling, travel well. With the development of economy and society, migration and going out to work is getting easier, but sometimes children “come back home often” have become some of the old man’s wishful thinking. On July 1, 2013, the new amendments of the law on protection of rights and interests of the elderly to leave their “come back home often,” official rise to the legal level. But in reality, the children “not coming home” family is the problem.
Yuexiu District Court recently dealt with a number of related cases. Provincial old age home for nearly seven years, to prosecute children in Guangzhou, ask their children to “come back home often”, but was rejected by the child. Irreconcilable contradictions lies between older fathers and sons. The case recently by the Tianhe District Court in Guangzhou and Court, final judgments of the Court children visits father once a year. Timely decisions to visit his father and their children, is unknown. (To protect confidentiality, parties are not his real name)
Father: children go home every year to see my
It is understood that the nearly septuagenarian’s old home in a northern province, Chen and his wife have three children, early divorce, after which each have their own life, many children with the mother closer. In 2015, Lao Chen pleadings submitted to the Court of yuexiu district, their sons and daughters are told.
Chen said, his upbringing, though meager food, but did not make them hungry and cold. In earlier years, he came to Guangzhou to find children still live, but then, children see him, theres so not recognize each other. He said that to Guangzhou to find their children denied, had to sleep on the streets, so it was freezing and ill, and sometimes he had to go to the aid station.
Chen said he did not want to toss to Guangzhou to find their children, want the cases permitted by law, once housing, maintenance, medical expenses, and so on. He sued for the children to provide housing, a one-time payment of alimony and medical expenses, and three children go home every year to see him.
Children: he is a cold-hearted father
On one side is the old Chen complained, children on the other side. Child, father a monthly pension, still have large amounts of cash. Father sued several times on issues such as alimony, children also awarded maintenance payments, medical expenses, and so on. “Parents too much to ask, and endless requests for court shall not be supported. “Children, fathers come to Guangzhou to clear in order to” punish “them.
Child, father “years of bad tracks” hurt them deeply, “that no feelings whatsoever”. They say their income is not high, and almost no savings, life pressure, endless litigation and father, is not only a waste of judicial resources, and they cause enormous economic and ideological pressure.
Most children can not accept is that big brother is very small “was abandoned by his father in Guangzhou”. When hearing cases, big brother was not in court, but the sisters as its agents, he “couldn’t imagine seeing his father’s story.” Sister says brother who get seriously ill, his father not only not involved, also called on the phone, “so callous, senseless.”
Verdict: the child visits father once a year
Yuexiu District Court a trial think, court previously has on maintenance, problem made judgment, maintenance in the has contains has basic maintenance, and sick treatment costs, and housing costs,, so old Chen again requirements three a children in has burden maintenance of based Shang again for its provides housing according to insufficient, and previously Court has judgment children monthly paid maintenance, old Chen no evidence proved children has one-time paid all maintenance of capacity, on this Court also to support.
The Court found that the law on protection of rights and interests of the elderly, and elderly family members living apart, and should often visit or greeting the elderly. Children visit the elderly as a statutory obligation, Chen asked to visit his children once a year in accordance with the above-mentioned legal provisions, this Court confirmed. Verdict children visit Chen once a year.
After the judgment, Chen refuses to appeal to the Guangzhou intermediate court. He said he was not abused son, children wrong, had not abandoned son is because he was unable to care for mother to child care, the child’s mother asked for money, but he had no money, he has promised to take his son home.
Children still insists his father he has room, pensions and health care, the children could not see him. Fast forward to the year 2017. Recently, the Guangzhou Intermediate Court of second instance rejected the appeal and upheld the.
The trial judge in the case told reporters that both sides refused to accept the mediation of the Court, the judge considers that, the key question in this case is many years of bitterness on both sides, contradiction is deep, difficult to resolve.
Law must observe filial piety
Yuexiu District Court judge, told reporters that “come back home often” is the important connotation of Chinese traditional filial piety. Law clearly stipulates that family members should be concerned about the spiritual needs of the elderly, not ignored, left out the elderly. With elderly family members living apart, and should often visit or greeting the elderly. Dependants are allowed to give up the right of inheritance or other reasons, refuse to perform their duty.
In the above case, Chen’s children not on the grounds of economic hardship, inconvenience, refuse to support or to visit his parents. Court decisions and old children regularly visit Chan Chan, in compliance with the law, is also in line with China’s traditional filial piety culture. However, as the implementation of custody, visiting rights disputes, “come back home often” ‘s decision also has its own characteristics, and how to properly implement this type of case is placed before the people’s Court needs to continue research and exploration of the topic.