People-benefit Juvenile Legal Aid Workstation (hereinafter referred to as "the Workstation") of Jiangsu Boomstar Law Firm, with funding from the Jiangsu Legal Aid Foundation, reached a co-construction agreement with the People's Court of Jianye District, Nanjing, on May 29, 2019. The Workstation established reception days, assigned duty lawyers for consultations, and provided legal aid for cases involving minors. The Workstation prioritizes aiding minors from orphaned and disabled families as well as impoverished families, ensuring the high-quality completion of every task with dedication and responsibility.
Since establishing reception days, assigning lawyers on duty, and handling cases at the People's Court of Jianye District, the Workstation has represented 77 minor rights protection cases, conducted five lectures on minor rights protection, and facilitated one case of appealing a minor’s guardianship status to the Jiangsu High People's Court. Upon review, the resolved minor protection cases primarily fall into three categories: protection of disabled children in divorced families, child support disputes for children born out of wedlock, and child custody and support disputes involving women in financial difficulties.
Representative Case: Defending the Rights of a Disabled Child
Workstation lawyers Zhu Min and Yao Ya successfully defended the rights of a disabled child, Chen Xiaomou, in a custody dispute divorce case, which serves as a representative example.
Chen Xiaomou's father, Chen Mou, and mother, Zhang Mou, registered their marriage in 2006 and had their child, Chen Xiaomou, in 2008. In 2020, Zhang Mou filed for divorce in a district court, seeking custody of Chen Xiaomou and requesting a monthly child support payment of 4,000 yuan from Chen Mou, plus a one-time payment of 50,000 yuan. After learning from the court that the Huimin Juvenile Legal Aid Workstation could assist minors, Chen Mou sought help from lawyers Zhu Min and Yao Ya.
The lawyers carefully listened to Chen Mou’s account and identified the core dispute: Chen Xiaomou had a mental illness and exhibited violent tendencies at the end of 2016. Chen Mou insisted that the illness was caused by Zhang Mou’s excessive discipline and disapproved of her frequent hospital visits for treatment. He also claimed that Zhang Mou obstructed his visitation rights. In pre-litigation mediation, Zhang Mou accused Chen Mou of lacking responsibility, revealing that the child exhibited suicidal tendencies in 2017, often became violent toward parents, and was solely cared for by her while Chen Mou worked in another city. Zhang Mou argued that Chen Mou failed to fulfill his parental responsibilities and demanded child support. Chen Mou explained that his work in another city was meant to provide a better life for the child and wished Zhang Mou would allow him to see their child.
After analyzing the key points of conflict, the lawyers communicated with Chen Mou and explained the relevant legal provisions. From the perspective of the child's well-being, they advised him that parental love is indispensable for a child’s growth and that ongoing conflicts would only worsen the child’s mental health. They highlighted that family relationships, parenting attitudes, and family issues could all impact the child’s treatment. Through further discussions, Chen Mou gradually opened up, sharing details of their family life. He acknowledged that their busy work schedules reduced communication and that conflicts worsened due to their child’s mental illness, leading to the breakdown of their marriage.
As mutual understanding improved, the lawyers coordinated with the court, participated in mediation, and facilitated an agreement. Chen Mou agreed to pay the overdue child support and committed to properly caring for the child. He also reached an agreement on future child support payments, promising to pay in full.
Regarding child custody in the divorce proceedings, the lawyers emphasized the child's special needs and the fact that Zhang Mou had been the primary caregiver since the illness began. They used emotional and legal reasoning to communicate with Chen Mou, explaining that parental responsibilities persist even after divorce. They advised that child custody decisions should prioritize the child’s well-being. Through patient and thorough discussions, the lawyers alleviated Chen Mou's concerns.
In this case, the child was disabled, requiring the lawyers to apply both legal and emotional considerations, thoroughly analyzing and mediating the dispute. They successfully guided both parties toward mutual understanding and compromise. Both parents were satisfied with the resolution, and Chen Mou expressed gratitude for the lawyers' work.
Legal aid benefits the people, and love is dedicated to disabled children. Boomstar lawyers continue striving and contributing to this cause.
(Planned by: People-benefit Juvenile Legal Aid Workstation, Written by: Yao Ya)