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No.2 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court, and No.65 of 98 Model Cases on the Trial of Minors Published by the Supreme People's Court: Li v. Sun (a case of dispute over change of child custody)
最高人民法院通报14起未成年人审判典型案例之二、最高人民法院发布98例未成年人审判工作典型案例之六十五:李某诉孙某变更抚养关系纠纷案
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No.2 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court, and No.65 of 98 Model Cases on the Trial of Minors Published by the Supreme People's Court: Li v. Sun (a case of dispute over change of child custody)
(a case of dispute over change of child custody)
最高人民法院通报14起未成年人审判典型案例之二、最高人民法院发布98例未成年人审判工作典型案例之六十五:李某诉孙某变更抚养关系纠纷案
No. 2 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court, and No.65 of 98 Model Cases on the Trial of Minors Published by the Supreme People's Court: Li v. Sun (a case of dispute over change of child custody) 

最高人民法院通报14起未成年人审判典型案例之二、最高人民法院发布98例未成年人审判工作典型案例之六十五:李某诉孙某变更抚养关系纠纷案

(1) Basic Facts (一)基本案情
Sun and Li were divorced by agreement due to lack of mutual affection. It was determined in the divorce agreement that their child, Xiaoming, was raised by Sun; however, shortly after the divorce, Xiaoming was picked up by his mother surnamed Li to live together with her. Afterwards, Sun believed that with the increase in age, the child should live together with him and thus he went to Li's to take back the child. After negotiation between both parties failed, Li instituted a lawsuit in the court and requested the court to change the child custody of Xiaoming. 孙某与李某因感情不和协议离婚,离婚时确定孩子小明由父亲孙某自行抚养,但离婚后不久,小明就被其母李某接走,与李某共同生活。此后,孙某认为孩子随着年龄增大,应该与自己共同生活,遂找李某接回孩子。但双方协商未果,李某诉至法院要求变更小明的抚养权。
(2) Judgment (二)裁判结果
After the People's Court of Mentougou District, Beijing Municipality accepted this case, judges enquired Sun's opinions. Sun contended that his conditions for child custody were better than those of Li and it was agreed in the divorce agreement that Xiaoming was raised by him. Therefore, he disagreed with the claim of Li. Xiaoming has been 11 years old and after judges talked with him separately, Xiaoming said that it would be better if he lived together with Li. To comprehensively learn the situations of the parents and render a judgment that was most favorable to Xiaoming, judges made a detailed interpretation on the content of the social protection system and the court's specific practice to both parties and after gaining consents of both parties, the court carried out the work of social protection.
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 北京市门头沟区人民法院受理此案后,法官询问孙某的意见,孙某认为自己的抚养条件比李某好,且离婚协议明确约定小明由其抚养,故不同意李某的诉讼请求。小明已年满11岁,法官单独与小明进行了谈话,小明表示与李某共同生活更好。为全面了解父母双方的情况,做出对小明最有利的裁判,法官向双方当事人详细释明了法院关于社会观护制度的内容及具体做法,在征得双方同意后,对本案开展了社会观护工作。
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