On October 27, the People's Court of Nghia Hanh District (Quang Ngai Province) announced that because the plaintiff and defendant did not appeal, the verdict on the Dispute over the rights and obligations to care for and raise the mother and the request to stop the act of obstructing the rights and obligations to care for and raise the mother has come into legal effect.
Accordingly, the 86-year-old woman will be taken care of by her children for 6 months until her death, or until there is another agreement between the parties.
Trial of the case of mother's custody in Nghia Hanh district (Photo: Tran Le).
During the time the plaintiff directly raises the mother, the defendant has the right and obligation to visit and provide support for the mother and vice versa.
The person directly raising the mother must not prevent the person not directly caring for or raising the mother from performing the child's obligations and rights towards the mother. The person not directly raising the mother must not abuse the visitation, care, or support of the mother to hinder or negatively affect the care and raising of the mother by the person directly raising the mother.
According to the case, the plaintiff and the defendant are siblings. The plaintiff has 4 people, the defendant has 3 people.
The plaintiff said that previously, all 7 siblings took care of their parents. However, in September 2022, when the plaintiff returned from Ho Chi Minh City to Quang Ngai to take care of his parents, he was prevented, chased and beaten by the defendant, causing injuries.
After his father passed away, the plaintiff wanted to take his mother away to raise her, but the defendant did not agree. When the two sides got into a fight, the defendant used a knife to threaten the plaintiff and prevented him from taking his mother away.
The plaintiff claimed that after building the tomb for his father, the defendant installed a door and locked the tomb, preventing the plaintiff from burning incense for his father. The plaintiff requested the local authorities to intervene so that he could visit and take his mother to Ho Chi Minh City to care for her, but the defendant obstructed and threatened to beat the plaintiff.
From June to August, many times the plaintiff visited her mother and burned incense for her father, but was obstructed, cursed, and not allowed into the house by the defendant.
According to the plaintiff, the defendant had written a commitment not to beat his sister and brother. The defendant also accepted the responsibility of taking care of his parents until the end of their lives because he had transferred the land and house left by his parents to his name. However, the defendant did not fulfill the commitment. On the other hand, in the past, the defendant did not take good care of his father.
Therefore, the plaintiff requests that the defendant stop obstructing the rights and obligations to care for and raise the mother. At the same time, the court requests that the defendant hand over the mother to the plaintiff for direct care and raising.
Meanwhile, the defendant claimed that during the time he raised and cared for his parents, he did not commit any acts of abuse. Regarding the locking of the grave, the defendant said that the wind blew out the lights and that he was afraid that the grave would be robbed of offerings, so he locked the door. However, the defendant later opened the door for the plaintiff to visit his father's grave.
The defendant did not prevent the plaintiff from visiting and meeting her mother. However, every time the plaintiff visited her mother, she used her phone to film and take pictures. Therefore, the defendant did not agree to let the plaintiff enter the house to meet her mother.
In court, the defendant did not agree to hand over the mother to the plaintiff for direct care and upbringing. The defendant requested to directly care for the mother, and the plaintiff had the obligation to visit and contribute to the cost of raising the mother.
In its judgment and sentencing, the Trial Panel cited the provisions of the Law on Marriage and Family and the Law on the Elderly. Accordingly, both the plaintiff and the defendant have the same rights and obligations to care for and support their mother.
The defendant's act of preventing the plaintiff from visiting, caring for, and raising her mother violated Clause 2, Article 71 of the 2014 Law on Marriage and Family, and Article 10 of the 2009 Law on the Elderly. Therefore, the plaintiff's request that the defendant stop preventing the plaintiff from visiting, caring for, and raising her mother is well-founded. The trial panel accepts the plaintiff's request to initiate a lawsuit.
The jury found that none of the seven children had been punished for abusing their parents, so they had equal custody rights. Based on the laws, the People's Court of Nghia Hanh District ruled that each side would take turns raising their mother for 6 months.
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