Are divorced parents to blame for their children’s troubles?

2022-06-21 0 By

The mother of her teenage son, who was injured in a fight, has refused to pay compensation on the grounds that the child was taken care of by his father after a long divorce.After divorce, should parents assume the responsibility of child guardianship and compensate victims?Let’s take a look at this case.Minor meet fight a party to the court plaintiff fan xx because of doubt that his brother was bad, in the phone and wen quarrel, and then meet fight.After the two sides met, a word disagreement began to fight each other, in the process to fan so-and-so neck injury to send medical treatment.After the incident, Fan’s father has repeatedly negotiated with Wen’s father on compensation issues, the two sides failed to negotiate for many times, Fan’s father will be a paper lawsuit wen and Wen’s parents sued to the People’s Court of Yuanmou County, Chuxiong Yi Autonomous Prefecture, claiming compensation for their losses totalling 26284.59 yuan.In the trial, Wen mou’s mother qi Mou Yan argued that she had just divorced her father Wen mou in 2003, and her son Wen mou was raised by his father, he should not bear the liability for compensation.The judge believed that the comprehensive fault degree of both sides, fan xx’s economic loss (except spiritual consolation money) should be borne by Wen 60% of the compensation liability, the remaining 40% by fan XX bear.Because wen mou has not come of age, the department limits civil capacity person, the father wen mou that should be regarded as guardian just and mother from mou Yan compensates jointly.Wen mou just and some yan although in the case before the occurrence of divorce, but parent-child relationship, guardianship will not be terminated.Qi Mou Yan put forward that he should not assume liability for compensation without factual and legal basis, the court refused to accept.In the end, the court decided the defendant wen mou gang and some yan compensation plaintiff Fan xx loss and mental compensation total of 14406.75 yuan.Neither side appealed the ruling.Interpretation of divorce can not exempt parents from the guardianship of the relevant law, the relationship between parents and children, not because of parental divorce.After divorce, the child shall remain the child of both parents, whether directly supported by the father or the mother;Parents still have the right and duty to rear and educate their children;Guardianship of minor children is still exercised jointly by their parents.Source: Yunnan Pufa