Case Background
In a rare and complex international custody case, Attorneys Jade and Emma successfully represented B, a foreign national, in his quest to obtain custody of his 8-year-old son following a divorce from A, a Chinese citizen. The child, a Chinese national, had been living in China with the mother since the couple's separation.
Securing custody for a foreign parent in China is exceptionally challenging. A legal database search revealed only one favorable decision out of thirty published judgments involving foreign custody claimants, and that sole success was due to the Chinese parent voluntarily relinquishing custody. Courts in China often prioritize maintaining the child’s current living environment and may harbor implicit biases in favor of local parents, particularly mothers.
Legal Strategy & Argumentation
Focusing on the Child’s Best Interests: Chinese law emphasizes the child’s physical and mental well-being, protection of legal rights, and stable living conditions as guiding principles for custody decisions. Attorneys Jade and Emma anchored the case on these principles, systematically building a narrative that demonstrated the father’s suitability and the child's best interests being better served under his care.
Evidence Presentation:
The legal team presented a compelling package of evidence, including:
- B’s stable income, residence, and proven caregiving capacity
- Character references highlighting B’s responsible parenting and moral standing
- Welfare and educational advantages available in B’s home country
- A’s poor financial condition and documented history of neglect
- Testimonies and records proving B had been the child’s primary caregiver
- The child's own expressed willingness to live with his father
Procedural Persistence:
Despite emotional biases and procedural hurdles, Jade and Emma persistently advocated for fair application of the law. Over the course of two years, they attended multiple hearings, and countered arguments rooted in cultural stereotypes, such as “mothers being inherently better caregivers” or “same-gender parenting being preferable.”
Outcome
The court ultimately ruled in favor of B, granting him full custody — a landmark win given the rarity of such outcomes in China. The case was praised for its rigorous legal reasoning and evidence-based approach, with the court acknowledging that the child’s interests would indeed be better protected under the father’s care abroad.
This victory underscores Jade and Emma’s expertise in cross-border family law disputes and their unwavering commitment to justice, even in cases stacked against the odds.