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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.


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As a Wuhan-based firm with over 125 attorneys and offices in Providence and New York, as well as in the Merrimack Valley / North Shore, Metro West and South Shore areas of Massachusetts, we are large enough to represent clients in complex and sophisticated matters, yet small enough to be very responsive, providing direct partner-level, proactive advice. This Wuhan Law Firm has two wholly owned subsidiaries, one of which is located in Wuhan and the other in Hubei province, China.

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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.