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What is wrongful or unfair dismissal in China and how to avoid it

Under Chinese Law, any labour dispute, including those of unfair dismissal must initially go to Arbitration. An application for arbitration must be filed within 60 days of the dispute. If either party wants to challenge the arbitral award granted, they must file a lawsuit within 15 days of receipt of the award.

For most foreigners in China, especially newcomers, teaching at a language school is the easiest job to find. It makes money, takes care of their visa and can be a stepping stone to better work.Twenty-four-year-old Leroy Philpotts followed the familiar pattern. The Dutchman, who came to Beijing two years ago, went to work as a trainer at Beijing Wall Street English Training Center last year.


Protection During the Divorce Process

As you make your way through the divorce process, you want to make certain that your interests are protected. You want to take care of your children and your relationship with them. You want your fair share of the marital property and income. You want the best possible result. I have the experience to provide the advice and advocacy you need as your family is reorganized, whether you are wealthy or you are just scraping by.


Child Custody Basics


If there are children involved in your divorce, the divorce courts will make child custody arrangements. Most states grant parents equal custody rights if it's in the best interest of the child. We are china divorce lawyers. We are experienced in child custody case.

With equal child custody rights, both parents have joint child custody, which may include both legal and physical custody. It's also possible for one parent to have sole physical child custody, while the non-custodial parent shares legal custody and gets generous child visitation rights.

In many states, the courts must consider the child's wishes - if he or she is old enough to comprehend making a decision. The parents' wishes and the relationships between the child and parents, siblings and other people that are involved in the family unit may also be considered. Each state has specific child custody guidelines that help determine custody.

Child Custody Arrangements

Depending on the circumstances and state guidelines, the divorce courts will decide on a child custody arrangement that will best provide for the child. During divorce or legal separation, the courts may grant temporary child custody rights to one of the parents.

These orders may not stay once the divorce is finalized but help give the child an established schedule and routine during the divorce process.

If there is more than one child, typically the children live together for moral support, but the court may separate the children between parents. It may also be possible for the divorce courts to award child custody to a third party or close family member.

Typically, the biological parents are considered fit to raise the child, unless there is evidence that suggests otherwise. The burden of proving a parent unfit is a high one and generally isn't an issue in most divorces.

Get Advice on Child Custody from a China divorce lawyer

Child custody depends on the circumstances of your divorce and living arrangements. Learn about state divorce laws regarding child custody may be affect your relationship with your child by speaking to a local China divorce lawyer.

Fill out a divorce case review form or send email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to set up a preliminary consultation today. If your child custody case doesn't involve a divorce, we may still be able to connect you with a local attorney who is familiar with family law in your state.


Why I want to write something about China Law

China Law Blog

There are few really good blogs written in English about China law, most of which are full of advertisement for lawyer's businesses. It's not a good pratice as I see it. Considering that I always have something want to share with others, especially foreigners. My aim for writing this blog is to let foreigners, including attorneys of other jurisdiction and those who are in need of legal service in China, to learn more about China law.

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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.

You are welcomed to ask for a quotation pursuant to your specific circumstance.

About author

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.