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with the change in Nanjing in child custody proceedings, as the plaintiff's ex-husband took out a group of unsightly Xu, Wang Qin, as confirmed by his ex-wife raising children misconduct do not have the qualifications, asked the court to change custody of the boy himself. But Xu could not prove that the photo mosaic of the face was beaten woman is his ex-wife, Nanjing Drum Tower District Court after a trial, sentencing, rejected the plaintiff's claim. Recently, the Nanjing Intermediate People's Court of Final Appeal upheld the verdict. q) m4 E" W1 t9 V; b2 w/ }, i
■ cases the origin
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1 W, \' f" U( Y ex-husband took his son, accusing his ex-wife Drum Tower District Court by both sides in the second half after the divorce mediation, Wang Qin give up property rights advocates, both born the son win the custody of Xu Hu. Summer day in 2009, Xu made the son to his own life around for some time. Do not want to take him after XU, Wang Qin is not to give his son. Wang Qin aware that bad, go to XU to son, but Xu said, Sign my son to me! Nearly 2 months of time, Wang Qin searched all possible places, asking all to find out who is no trace of his son.
' R. [* a$ r* j* D' l the afternoon of August 7 last year, Wang Qin Xu received messages sent to: sent a text message said: Yan Zhao said.
8 b5 |" Z) G7 S7 ^' _/ B0 a was originally discussed by Pornographic custody to his son
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Wang Qin unprepared shortly after the court respondent received notice of the original, Xu told her on the court, change the custody of the boy prosecuted.
" h9 B4 v" g( v2 J( k Xu said Wang Qin long-term renting of life, will sublease the leased building more than once, resulting in the stability of the child's life does not have enough living space; Wang Qin only a high school education, can not play a counseling the important task of educating the children. With Wang Qin unstable income, life is not indecent, the pornographic sex photos have been posted to the Web, so that the mother is not suitable for raising the children. Xu also said at the end, their own undergraduate education, well paid and stable, with large areas of housing, of good character and has not married after the divorce, raising the conditions of his son than Wang Qinjiang many times. Wang Qin Xu called the company fabricating facts to slander themselves.
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& P6 }' | [$ t- s! A6 G controversy: Pornographic hit the mosaic and unknown : Y( C- @, s) e0 ?- ]
- ]# ^ ~4 }0 i8 W court filing soon, Xu court immediately made a request to the implementation of the Court photo Forensic to prove the photo is the heroine Wang Qin,casque beats, but the court did not accept Xu's application on the grounds that photographs of unknown origin. Provided to the court that Xu Yan Zhao stored in a CD-ROM set, the 10 photos in addition to showing the first female face and marked mosaic, the other heroine in the face were not exposed. * F) Y8 b1 F. H0 I
before the formal hearing, November 9, 2009 afternoon, the main mass of the original trial judge, was successfully sued for conversation, but I have not time to come to Xu. In response to the judge when asked Wang Qinjian must deny filmed the so-called Yan Zhao, Xu's agent claimed that: details from the photo at the macro body and Wang Qin body after checking the specific details, I can prove that Wang Qin. them as the Court will refuse to appear in court. " _( y4 Q* g' m5 C
but the day of the trial, Xu and children yet to appear in court. Wang Qin said it obtained custody of his son valid, they can meet the needs of the children's lives and learning, ask the court to dismiss the claims of Xu. For the group of Yan Zhao, Wang Qinjian said,beats studio, in which the heroine is definitely not her own, Xu did is slander and frame-up of her, as she retained the right to pursue Xu. - `0 T6 e+ L* n. A+ y- g
ruling: Court's decision rejected the claim inadmissible 7 p4 U; }7 q; {$ O0 J- [
7 L' p* L1 B* V& h7 q2 Z 2009 年 11 23, Drum Tower District Court to open court of first instance verdict on the case. The court held that: Xu without due process, will be entitled to legal support from the Department took custody of Wang Qin, and is still missing, Wang Qin violated the legal rights. Their dependents provided no facial features live video and a set of pornographic pictures, his opinions and does not have probative force of the facts, the court shall not accept. Therefore, the relationship between the request to change custody claim, the court did not support the ruling dismissed the claim Xu. $ i2 P" k0 L6 m" _8 G7 g
Xu dissatisfied after the verdicts, the Nanjing City Intermediate People's Court of Appeal. Nanjing Intermediate People's Court of First Instance of the pictures that found to meet the legal requirements, all the facts are clear verdict, it was made on June 6 this year, rejected the appeal and upheld the original verdict in the final. Against the decision in the case, the case law of first instance trial the official Cheng Ying said in an interview: one to bring up children, if there are serious moral problems, the other party may sue to change child custody, but the party claimed to be evidence confirmed. Case, Xu facial features provided by a group of non-pornographic photographs, not the source of that photo, shooting time,casque dre, place, and no other evidence to support the woman in the photo department Wang Qin, so the court is neither organized group of photos not found them to be properly identified. . ^/ a( \+ S* y
tail: Results of the case, the children are still missing & O7 L1 }- v' M' v2 x- E2 n
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Now, Wang Qin ruling has been based on the court for enforcement, the court accepted the application XU playing the Currently, the implementation of the judge is still trying to find the whereabouts of Xu to enforcement. And Wang Qin said that she will never give up efforts to get back his son. (Text in both parties a pseudonym) |
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发表于 2009-3-13 21:49:00
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