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家庭监护能力评估
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离异夫妻争子 谁更适合担任监护人?
Ren Min Wang· 2025-06-01 00:50
Core Viewpoint - The case highlights the complexities of custody disputes involving parents with criminal backgrounds and the importance of assessing guardianship capabilities for the welfare of minors [1][2][3]. Group 1: Case Background - The minor, Wu Xiaosuo, has been raised by his father, Wu Mou, since his parents' divorce in 2013, but has faced issues including violence and poor education [2]. - Wu Mou has a criminal record and has been imprisoned, while the mother, Tong Mou, has also faced legal issues but claims to have improved her situation [2][3]. - The court's decision to change custody to the mother was contested by the father, leading to an appeal [2]. Group 2: Guardianship Assessment - The Beijing Third Intermediate People's Court utilized a professional social work agency to evaluate Tong Mou's guardianship capabilities over a period of one to two months [4]. - The assessment included multiple visits and interviews with Wu Xiaosuo, Tong Mou, and relevant parties, resulting in a comprehensive report on Tong Mou's ability to provide a suitable environment for her child [4]. Group 3: Legal Framework and Procedures - The evaluation of guardianship capabilities is guided by the Minor Protection Law, which mandates local governments to engage social organizations and professionals in the assessment process [5]. - The assessment criteria include the guardian's willingness, living conditions, educational capabilities, and ability to handle family relationships [5]. Group 4: Social Support and Follow-up - Despite the positive assessment, the court mandated additional support for Tong Mou to enhance her understanding of family education responsibilities [6]. - A family education guidance order was issued, requiring Tong Mou to submit a detailed nurturing plan for Wu Xiaosuo, which she complied with [7]. - The court also implemented a social observation system to monitor the child's welfare and educational progress, involving professional psychological support [8].