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China Temporary Child Guardianship Agreement

The following Temporary Guardianship Authorization for Care of Minor agreement is written by our China divorce lawyer. Should you know more about China divorce law and Child custody, please contact our China divorce lawyer.

Temporary Guardianship Authorization for Care of Minor

Child Name:              _
Permanent address:                        
Birthdate:              _

Child's School or Day Care
[Leave this section blank if your child is not in school or any type of child care program.]
School or child care program:              _ Grade (if in school):  _
Teacher:               _
School address:                            
Phone:                _
Other child care program (such as after-school program):            
Phone:                _
Responsible adult:           

Child's Doctor, Dentist, and Insurance
Doctor (or HMO):           
Name of medical insurer/health plan:            _
Policy no.:               _
Dentist:                _
Address:                          _
Name of dental insurer/dental plan:             _
Policy no.:               _

Parents (or Legal Guardians)
Parent 1
Name:                 _
Home phone:               _    Work phone:          _
Cell phone or pager:            _    Email:            

Parent 2
Name:                 _
Home phone:               _    Work phone:          _
Cell phone or pager:            _    Email:            

Temporary Guardian
Name:                 _
Address:                               _
Home phone:               _    Work phone:          _
Cell phone or pager:            _    Email:            
Relationship to minor:                           _

Emergency Contact
In case of emergency, if the guardian cannot be reached, please contact:         
Home phone:               _    Work phone:          _
Cell phone or pager:            _    Email:            

Authorization and Consent of Parent(s) or Legal Guardian(s)
[If there is more than one parent, the use of the singular incorporates the plural.]
1.I affirm that I have legal custody of the minor child named above, who is my child.
2.I give my full authorization and consent for my child to live with and travel with the temporary guardian, and for the temporary guardian to establish a place of residence for my child.
3.I give the temporary guardian permission to act in my place and make decisions pertaining to my child's educational, recreational, and religious activities.
4.I give the temporary guardian permission to authorize medical and dental care for my child, including but not limited to medical examinations, X-rays, tests, anesthesia, surgical operations, hospital care, or other treatments that, in the temporary guardian's sole opinion, are needed or useful for my child. Such medical treatment shall be provided only upon the advice of and supervised by a physician, surgeon, dentist, or other medical practitioner licensed to practice in the United provinces.
5.This authorization shall cover the period from         to        _.
6.While the temporary guardian cares for my child, the costs of my child's upkeep, living expenses, and medical and dental expenses shall be paid as follows:                                   .
I declare under penalty of perjury under the laws of the province of        _ that the foregoing is true and correct.
Parent 1's signature:            

Parent 2's signature:            

Consent of Temporary Guardian
I solemnly affirm that I will assume full responsibility for the minor who will live with me during the period designated above. I agree to make necessary decisions and to provide consent for the minor as set forth in the above Authorization and Consent of Parent(s). I also agree to the terms of the costs of the minor's upkeep, living expenses, and medical and dental expenses as set forth in the above Authorization and Consent of Parent(s).
I declare under penalty of perjury under the laws of the province of        _ that the foregoing is true and correct.
Temporary guardian's signature:                       _


China Family Law, China Divorce Law Full Text

Our China divorce lawyer translated the full text of China family law(China divorce law is included in this statute) into English. We have Beijing divorce lawyer, Shanghai divorce lawyer, Tianjin divorce lawyer and Qingdao divorce lawyer. You are welcome to contact us for more information.

Marriage Law of the People's Republic of China

(Adopted at the Third Session of the Fifth National People's Congress on September 10,1980, and amended in accordance with Decision Regarding the Amendment (of Marriage Law of the People's Republic of China) passed at 21st Session of the Standing Committee of the Ninth National People's Congress on April 28,2001)

Chapter I General Provisions

Article 1 This Law is the Fundamental code governing marriage and family relations.

Article 2 A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied.

The lawful rights and interests of women, children and old people shall be protected.

Family planning shall be practised.

Article 3 Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited.

Bigamy shall be prohibited. Cohabitation of a married person with any third party shall be prohibited. Domestic violence shall be prohibited. Within the family maltreatment and desertion of one family member by another shall be prohibited.

Article 4 Husband and wife shall be faithful to and respect each other. Within the family family members shall respect the old and cherish the young, help one another, and maintain equal, harmonious and civilized marriage and family relations.

Chapter II Marriage Contract

Article 5 Marriage must by based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party and no third party may interfere.

Article 6 No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged.

Article 7 No marriage may be contracted under any of the following circumstances:

(1)if the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; and

(2)if the man or the woman is suffering from any disease, which is regarded by medical science as rendering a person unfit for marriage.


China Child Support Standard

This article is about how the child support is decided by China family court. Our China divorce lawyer will explain in a series about China divorce law, China child custody, and China child support.

Q. How old does a child have to be before child support ends?
A. In most cases, 18. If a child is under 18 but older than 16, and is either working, self-supporting, or in the military, a parent doesn't have to pay child support.

Q. Is there any other reason why child support might end?
A. A child between 18 who has left home and refuses to obey parents' reasonable commands can be considered "emancipated" by a court. In that case, child support might not have to be paid.

Q. I am a parent who wants child support. How do I get it?
A. When the parents are not together, and one of them has legal custody of the child, that parent can file a petition in Family Court to ask the other parent to pay child support.

Q. What happens when a child support case goes to court?
A. The parents must give the court their most recent tax returns or salary bank slip. They must file pay stubs and tell what they earn and spend. The court will usually ask for proof of the expenses, such as for food, rent, clothing, medical costs, child care, and education. The court will listen to all of the evidence from both parents. It will then decide how much the parent who does not have custody has to pay for child support.

Q. What can I do if I disagree with the support order?
A. You can file an "appeal." An appeal must be filed in court within 15 days(30 days for foreign related parties) of the date the court order was sent to you. The other parent will have a chance to reply to the Objection. The court will then make a decision on the Objection. The court might leave the order as is, or change it, or order more hearings.

Q. And if I still disagree?
A. Either parent has the right to appeal the Objection decision to a higher court. Talk to a China divorce lawyer if you wish to do this.


How China Court Decides Child Custody In Divorce Cases

This article is written by our China divorce lawyer to give you a guidance how China court decides child custody in divorce cases. Please contact our China family lawyer for more information.

Q. What is custody?
A. There are two parts to custody. One is the right and responsibility to make decisions for a child (legal custody). The other is where a child will live (residential or physical custody).

Q. How old does a child have to be before a China court can't make orders about the child's custody and visitation?
A. Eighteen.

Q. What is the difference between joint custody and sole custody?
A. In joint custody, the parents make major decisions about the child together - decisions about education, health, and religion, for example. The smaller, day-to-day decisions in joint custody are made by the parent who is physically caring for the child at the time. In sole custody, just one parent has the right to make the major decisions.

Q. In awarding custody, do China courts favor mothers more than fathers or fathers more than mothers?
A. No. Today's courts do not favor either parent more than the other. The law says a custody award is based on what's best for the child.


China Judge - Never Used To Be Lawyers

An interesting phenomenon in China: Judge never comes from lawyers and many times judge resigns to become a lawyer.

China lawyer earning more money than China judges is an undisputable facts. Judges get salary as a civil servant. A judge serving in a Shanghai or Beijing court can earn around RMB120,000(US$20,000), some judge in inner part of China can earning much less, whereas a lawyer in these cities could earn RMB300,000(US$50,000) is an average standard.

Very Few China lawyers can become judges, no matter how many years they practice law. You have to attend an admission test, an interview and political scrutiny before you are eligible for a judge. Most candidates fail in the first stage. Very few survive the second stage. I cannot disclose the reason here.

Some judge cannot stand the situation that lawyer earns more than judges. They resign and become lawyers. According to the law, judges cannot represent cases in the court where they used to serve in two years. The limitation is useless and very easy to circumvent. Generally, lawyers used to be judges earn more than normal lawyers, since they have more resources and connections.

Well, this is only part of Chinese legal career and legal market. There are many other rules and phenomenon that are different from the United States or EU.


Guangzhou Lawyer's Value, Clients and Philosophy

Guangzhou lawyer is always leading the trend of Chinese lawyers in the past. Nowadays, Guangzhou lawyer still play an import role in China legal market. Our employment lawyer, intellectual property lawyer, litigation lawyer and divorce lawyer still enjoys their leadership in Southeast China.

Value Proposition

1.Results: We have a proven track record of producing the best possible outcomes for clients both in the courtroom and outside of the courtroom.

2.Reputation: We have a reputation for credibility and legal acumen among judges, prosecutors, and clients that reflects well upon referral sources. Our names have appeared as counsel of record in many of the landmark cases of the last 15 years in Guangzhou.

3.Partnership: We have a record of partnering effectively with international, national and regional firms when necessary on large and complex matters.

4.Relationships: our Guangzhou lawyer, many of whom are former judges and prosecutors, are well-known and well-regarded by government lawyers, agencies, judges and other people involved in the administration of justice. Many of the firm’s lawyers have worked on projects to improve the administration of justice or the quality of the bench and bar.

5.Singular Focus: We chose not to be a “full-service” firm because we have a particular passion for representing clients who need advocates to prosecute their rights, or to defend their freedoms or their business enterprises. As advocates, we rally around our clients and fellow lawyers. When one of us goes to trial for a client, we feel that all of us are on trial, and that is the way we like it.


Ningbo Lawyer's Technology And Knowledge Management

At this Ningbo law firm, our Ningbo lawyer, especially Ningbo divorce lawyer, Ningbo employment lawyer, Ningbo litigation lawyer, Ningbo labor lawyer and Ningbo criminal defense lawyer recognize the relationship between technology and productivity, so we are constantly striving to learn new ways of serving our clients more efficiently.

We also understand that being facile with different kinds of technologies is important, and that is why we have teamed up with a variety of technology vendors recommended by clients on a “case by case” basis. We know that kind of flexibility is important to clients, and we know we can learn from working with different technology products.

Among the many ways in which we use technology to produce results and to produce them more efficiently, are the following:

1.Knowledge Management. We maintain electronic archives of legal materials and histories of matters previously handled so that our attorneys can quickly access information from the repositories of knowledge, both human and documentary, residing within our own walls. This allows our lawyers to produce pleadings, agreements, legal research and other necessities of trial practice more efficiently.

2.Legal Research. Our attorneys are well-versed in the use of automated research, and we subscribe to a number of electronic services that allow for rapid retrieval of case precedents, statutes and regulations that can have a critical effect on a client’s case. We also utilize the electronic systems of the state and federal court to check on filings made in our own cases or in other controversies of possible relevance.


Dalian Lawyer's Clients And Industries

Clients have come to our Dalian law firm seek advice from our Dalian lawyer, in particular, Dalian divorce lawyer, Dalian employment lawyer, Dalian litigation lawyer, Dalian criminal defense lawyer, Dalian labor lawyer.

Our clients are from a broad array of industries and professional backgrounds. Because they come to us, in part, for our discretion and judgment in handling matters that are often sensitive in nature, we have chosen not to ask our clients for testimonials generally (although some have offered them).

However, you can check out the impressions we have made upon referring attorneys who have sent their clients to us by learning on What Others Say About Us.

We have represented many individual clients on a recurring basis, including but not limited to:
• C-suite executives and managers;
• doctors, nurses and other medical professionals;
• lawyers, judges and other legal professionals;
• investment advisers, brokers and other financial professionals;
• architects, engineers and other design professionals;
• government entities, officials and representatives, both domestic and foreign; and
• hourly workers, and non-management trade professionals.

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.