The court ruled... My mother filed for divorce and said, "If you can't finish writing, go jump off the building today!"! Father tutoring homework, domestic violence, son domestic violence | Xiao Zhe | Court
Summer vacation is coming,
The "divine beasts" have activated the "squatting at home" mode,
When not tutoring homework, parents are kind and filial,
Tutoring homework with flying chickens and dogs.
Recently, when my father was tutoring my child's homework,
Long term use of intimidation and verbal abuse,
And triggered a divorce lawsuit
Father beats and scolds children while tutoring homework
Ah Hao and Ah Shi got married in 2008,
My son Xiaozhe is 8 years old and is in the third grade of elementary school.
In 2022, Ashi sued the court,
Requesting a divorce from Ah Hao with a very firm attitude.
Ashi said that Ah Hao often engages in domestic violence against her and Xiao Zhe, causing Xiao Zhe to be physically and mentally injured. At a young age, he has started to run away from home and resist learning. In addition to filing a lawsuit for divorce from Ah Hao, she also demanded that Ah Hao pay a compensation of 20000 yuan for mental damages.
Ashi submitted 7 videos and audios to the court, with the main scene of Ah Hao tutoring Xiao Zhe on homework.
In one of the videos, Ah Hao stood next to Xiao Zhe with a black whip in his hand, shouting and cursing loudly, while Xiao Zhe sat at the table, crying and doing homework. Throughout the process, he dared not speak. In another video, Ah Hao told Xiao Zhe, "You can still cry when you're young, but when you cry when you're old, they say you're crazy and can only die!" "If you can't finish writing, just jump off a building today!" and other unrelated content to learning. Ashi also provided photos of Xiao Zhe being beaten, with large bruises on his arms and legs.
During the trial, Ah Hao argued that Ah Shi had been using his phone to shoot scenes of him disciplining his son since a year ago, believing that she had a plan because she angered her and vented her emotions on the child. Ah Hao agreed to divorce, but requested that he take care of Xiao Zhe.
Court:
Father's behavior goes beyond the normal range of discipline
After trial, the Xiangzhou District Court of Zhuhai City believes that,
According to the Anti Domestic Violence Law,
Domestic violence refers to the relationship between family members
To physically assault, bind, harm, or restrict personal freedom
And frequent forms of verbal abuse, intimidation, etc
The physical, mental, and other forms of infringement committed.
In this case, Ah Hao held a whip and used intimidation and verbal abuse for a long time while tutoring a child on homework. This level of violence was enough to cause mental harm to an adult, let alone an eight year old child who did not have the ability to resist. Ah Hao's behavior has gone beyond the normal range of disciplining children, and is more about venting his anger, which belongs to domestic violence.
Although Ashi did not provide evidence to prove that Ahao had committed domestic violence against her, for a mother, seeing her child being treated in this way would hurt her child's body and hurt her mother's heart. As a result, Ashi's request for divorce meets the legal requirements and should be allowed. Based on Ah Hao's violent education on Xiao Zhe, in order to prevent intergenerational transmission of domestic violence, raising Xiao Zhe by Ah Shi is more conducive to the physical and mental health of the child. Ah Shi advocates for Xiao Zhe's custody rights, which the court supports.
Regarding Ashi's request for Ah Hao to pay a compensation of 20000 yuan for mental damages, the court believes that according to the Civil Code, if there is a situation of domestic violence leading to divorce, the innocent party has the right to request compensation for damages. The implementation of domestic violence is not limited to domestic violence against spouses. From the rational and emotional perspective of ordinary people, if a spouse harms other family members, such as children or the other parent, it will inevitably cause physical and mental harm to the other party. Therefore, Ashi's claim for compensation for damages caused by Ahao's domestic violence against his son Xiaozhe is in line with legal provisions and should be supported. Taking into account factors such as Ah Hao's fault level and economic capacity, it is determined that Ah Hao will pay a compensation of 10000 yuan to Ah Shi for damages.
A solemn and sincere judgment
In order to make Ah Hao fully realize
My own shortcomings in educating children,
Undertaking judges in court trials and judgments
Conducted a campaign on Ah Hao
Comprehensive and in-depth guidance on family education.
The presiding judge stated in the judgment
Write earnestly:
"In the trial, it can be seen that you actually love your son very much, but the judge should remind you that the best gift parents can give to their children is not money, nor knowledge, but a warm and firm heart, so that their children can live a clear and comfortable life in both good and bad times. If the children receive criticism, belittlement, and insults from you, where do they feel the warmth of the world and learn to treat others and themselves warmly? I hope that in the future, you can restrain yourself, cultivate and educate them according to their habits, rather than letting them walk according to your ideas..."
After receiving the judgment,
Ah Hao did not file an appeal,
There was no entanglement between Ashi and Xiaozhe.
A sincere and sincere thank-you letter
Considering that Xiao Zhe may have suffered physical and mental harm during Ah Hao's long-term domestic violence behavior, the court promptly activated a psychological intervention mechanism after the verdict. Professional psychological teachers conducted 12 periods of psychological intervention on Xiao Zhe, helping him overcome the shadow of violence and restore his physical and mental health.
Xiao Zhe wrote a thank-you letter to the presiding judge, with sincere gratitude in his childish handwriting: "I will work hard to learn and become a useful person to society when I grow up. My mother said, 'This is the best reward I can give to those who love me!'"