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Dołączył: 06 Lut 2011
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Wysłany: Wto 23:24, 22 Mar 2011 Temat postu: Nike Mercurial Divorce her husband into a psychoti |
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woman over sixties, mental disorders in a car accident, life can not take care of themselves. However, the monthly retirement income with some one thousand two, there is a wait for the relocation of the house, she has become a for The daughter had never lived together, in order to win custody of his mother,[link widoczny dla zalogowanych], playing a series of rare and special proceedings of twists and turns, and ultimately won the case.
However, all this for her, but also perhaps a good thing. Since then, no longer have camped, hungry and cold out.
1 off house into a third party
passed his sixtieth year of the Xiao-Wen Zhang has also had a short happy life. The mid-seventies of last century, teacher, she graduated as a teacher in a primary school, was introduced to the researchers at an institution Meng. Love more than a year later, formed a family. After marriage, they raise a daughter, family life was enjoyable.
unfortunately did not last long. Young Xiao-Wen Zhang, slim build, same good, long-term coexistence with the children, so her personality is relatively innocent, though had given birth to a daughter Mengjing, but still looks like a single girl.
Meng Jing-year-old daughter when a young man appeared. Man called Mrs Kong, the early years as temporary workers through a living, because often come and go near the school in Xiao-Wen Zhang, Xiao-Wen Zhang was lively and pretty attractive. He ignored Xiao-Wen Zhang has been married and have children situation, Xiao-Wen Zhang offensive launched by emotion. Love Letter gift, equally as the snow flew Xiao-Wen Zhang's office and home, sweet upsets Zhang turned upside down. Misunderstanding of the face of her husband, her daughter's tears, Xiao-Wen Zhang a mouth Nanbian. Eventually, she had to divorce her husband, and gave up custody of her daughter.
Xiao-Wen Zhang, after divorce, especially Kong is hot pursuit of dismay. Two years later, they remarried. In the same year his son was born Mrs Yong.
2 a car accident caused by marital breakdown
In fact, the particular post is very bad family situation, parents died young, his parents left to live in less than seven square meters room at the shed. Remarried, Xiao-Wen Zhang moved into this shed rooms.
stopped working after marriage, especially gang, doing nothing all day, all depend on Xiao-Wen Zhang a family wage, life is often inadequate. To this end, and they often fight, marriage continues to deteriorate.
1995, the Xiao-Wen Zhang a traffic accident, resulting in subarachnoid hemorrhage, then the spirit has been in disarray, with intermittent schizophrenia. In this period, especially business on the grounds Kong Youyi, Xiao-Wen Zhang hard to accumulate cash in a savings of several million empty. That this happens, Xiao-Wen Zhang's further deterioration, loss of recognition ability, life can not take care of themselves. Care assistance in order to avoid his obligations in the year and Xiao-Wen Zhang divorced. Xiao-Wen Zhang moved back to his mother's home, especially the situation of post on Xiao-Wen Zhang Yi Gai indifferent.
Zhang mother was very old, a life to take care of the daughter can not take care of themselves, it is difficult. Meng Jing has grown up at this time and set up their own small families, although at that time the mother abandoned her and her father still vivid scenes, can,[link widoczny dla zalogowanych], after all, thicker than water, I heard the plight of the mother after the mother Mengjing to his own home, good care and live together.
3 fifty years old are camped
2003 years, by Xiao-Wen Zhang's father died, to attend funerals, especially pre Zhang won the trust of the mother. By this time, the cancer Meng Meng Jing's father, in order to take care of his father, Meng Jing had to be sent back to the Zhang Xiao-Wen Zhang and mother at home. ZHANG Xiao-wen he took over a matter of course of more than 2,000 yuan a month pension, so every day come and go in mahjong rooms, often unprovoked beatings Xiao-Wen Zhang. Often rely on neighbors to see her picking up trash in the streets to feed their families.
that these circumstances, Meng Jing and Zhang police for help many times the mother and negotiate with the particular post, but with little success. In 2007, Meng Jing and ZHANG Xiao-wen in the original school, after discussions, the mother admitted to the nursing home in Changning District. In the same year, Xiao-Wen Zhang distribution of the original units of the small house facing demolition, was informed of this situation,[link widoczny dla zalogowanych], especially post again and from the brain. The end of 2007 was not, without the consent of the nursing home, especially post away from the nursing home without permission to Xiao-Wen Zhang and Xiao-Wen Zhang Identification of complete loss of ability to adopt the means of concealment for the resumption of marriage procedures.
so, he can guarantee a monthly income of 2,000 yuan, but also in the next house demolition and resettlement in the identity of legal representatives to participate in the distribution Xiao-Wen Zhang. Poor at this time are over sixties of the Xiao-Wen Zhang, and had played a meal wind sleep, hunger and cold of life.
4 多个 mother custody litigation battle
order to obtain the mother's custody, a lawyer's help, Mengjing eventually after a series of special procedures of the civil .
First, the prosecution asked the court finds Xiao-Wen Zhang is no capacity for civil conduct. Court shall specify the agency Xiao-Wen Zhang forensic capacity were identified, and finally determined she was no capacity for civil conduct. This conclusion based on the case identified the problem, namely, Xiao-Wen Zhang is the need of others for their personal and property supervision.
so to lead to the second question, that is, apply for revocation of Xiao-Wen Zhang Meng Jing whether they have the qualification of marriage. Early decision because she was raised by his father, according to law, applicants must live together and be guardians of a close relative. Through a lot of evidence to show, finally proved that the applicant has the qualification Mengjing.
Next, it is the prosecution Gang Xiao-Wen Zhang, and especially in the second marriage is invalid, so the body can restore the freedom of Xiao-Wen Zhang, avoid You Gangcheng its legal representative. When Xiao-Wen Zhang returned to the
Xiao-Wen Zhang finally returned to her daughter's side, the nursing home care of themselves enough to live comfortably in their later years.
(text characters are all a pseudonym)
◎ lawyers point of view
light on Hainan law firm, said Zhang Yong, of counsel on the case: a simple civil disputes , the parties finally reached through the three proceedings, the appeal proceedings are also three times during the ordinary civil cause of action in the rare special, and most belong to the special civil law proceedings, this may in Shanghai and China are relatively rare. General loss of self-care ability such as ZHANG Xiao-wen people are the same as the ball was in the family kicked back and forth between, similar lawsuits are also guardians to shirk responsibility for the appeal.
case between relatives fighting for custody of the situation is more rare, in fact,[link widoczny dla zalogowanych], careful analysis of the down or because a In the present social situation more under the pursuit of pecuniary interest, as Mengjing this initiative to undertake the obligation of supporting the old behavior should be affirmed. Gang, who were particularly
'to' take responsibility '.
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