Study on the Application of the Clauses of Respecting the True Will of Minors in Custody Disputes

Yongmei Xia; Zi Li

doi:10.54097/2cpkaa21

Authors

Yongmei Xia
Zi Li

DOI:

https://doi.org/10.54097/2cpkaa21

Keywords:

Custody Disputes, true will of children, the principle of best interest to minor children, children’s subjectivity

Abstract

Since the implementation of the Civil Code in 2021, the true will of minors has become the important accordance for courts to verdict the ownership of the child custody of minors. However, the clauses of respecting true will of minors have a weak institutionalization. There is a lack of a procedure to explore true will of minors and a standard to weigh that, causing inconsistent application of clauses in judicial practice. In order to realize the legislative goal of substantive law for respecting true will of minors, a procedural mechanism shall be established for listening and exploring true will of minors, and the applicable standard for measuring shall be specified when there is a conflict between true will of minors and other maintenance conditions. The applicability of the clauses of respecting true will of minors shall be strengthened.

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