create a condition in your favor in the tug of war for child custoday

Child custody is a very often the most focal point in the divorce proceeding where the breaking couple both want to take custody of their children.

For foreigner women married to Chinese men in China, divorcing itself is unendurable pain given that they are in a foreign country where they don’t have much family bond or friendship around them except the person they are leaving; if they further lose the custody or guardianship of their children, it amounts to a catastrophe that may ruin the feeble hope for life. In many cases, the first question of female clients in divorce cases will be how she can make sure she can win the custody of her children instead of how she will win greater community property in the divorce fight.

Foreigner wives to Chinese husbands have good reasons to worry about child custody when confronted in divorce cases in China. For god’s sake, they know they are foreigners and they know the Chinese family culture and they also know that judges can be biased against them simply because they are alien people. Clients are most worried about being treated with bias in Chinese courts as they believe the Chinese courts tend to more or less lean to the Chinese husbands when it comes to the children custody.

Honestly, I cannot assure the clients that there are no bias and impartiality which may easily find expression in the course of divorce proceeding.

So it is a tough war for the foreigner moms in China when they are involved in divorcing their Chinese husbands. To get an upper hand in the fight for child custody, extra efforts and brains shall be made and given in your divorce war before it comes to the door of the court.

In essence, what I am trying to say is that foreigner moms shall create a factual condition or circumstance that will put them in a better and stronger position where upon evaluation by the court it is clearly or at least reasonably believed that the children will be better off with their moms instead of their fathers. There are many things the mommies can do to achieve that goal.

The extra efforts and brains I am talking about refers to premeditation of what you need to do and want to achieve. This is easy said than done. In many divorce cases, the couples are torn apart by spontaneous events leaving no time and room for sober consideration. As a matter of fact, it is not easy to keep a sober mind when one is entangled in a divorce war.

But probably, you can do it with the help of your attorney.

Jason Tian

Jason Tian, senior partner, specializes in foreign-related legal services ranging from foreign investment in China, banking and capital, real estate, M&A, corporate, international trade, estate planning, inheritance and divorce at his blog: https://www.sinoblawg.com.

1 Comment

  1. Ramesh K Gupta   •  

    Dear Sir
    I write to ask you if you can as an attachment send me in English an abstract of the Child Custody laws applicable in China for chinese couples since the 3rd ammendment came in force.
    Thank You.
    Ramesh K gupta
    ramesh.gupta@act.gov.au

Leave a Reply

Your email address will not be published. Required fields are marked *