My father took the expired information to "rush register" the enrollment information of the baby, but it was for

Her parents divorced, and Xiaoxing lived with her mother. When she reached the school age, she was surprised to find that Xiaoxing's student status had been "snapped up" by her father! The original enrollment was rejected

(Data pictures are for reference only)

Not long ago, Ms. Shao, the helpless Xiaoxing's mother, sued Mr. Yan, the child's father, who refused to cancel his registration. In the lawsuit, Mr. Yan filed a counterclaim, asking his ex-wife to inform him of the child's current residence.

For such a "farce", the People's Court of Chaoyang District, Beijing, recently issued a judgment of first instance, rejecting Mr. Yan's counterclaim, requiring him to cancel his registration and cooperate with Ms. Shao, the child's mother, to handle the follow-up school affairs for the child.

"Rush registration" even though the information has expired

In 2022, Ms. Shao and Mr. Yan divorced, and the court ruled that the child Xiaoxing should be raised by Ms. Shao. Ms. Shao took Xiaoxing to live in another city from Chaoyang District, Beijing, and changed Xiaoxing's household registration accordingly.

In May this year, Ms. Shao found that she could not register for Xiaoxing when she went through primary school enrollment information registration. After that, she found her ex husband and learned that it was Mr. Yan who had "gone wrong". It turned out that Mr. Yan had previously registered Xiaoxing's enrollment information in Chaoyang District with the expired household registration information. Due to the wrong household registration information filled in, Xiaoxing's enrollment information was not approved, but Mr. Yan still refused to cancel the registration information, resulting in Ms. Shao's inability to continue to go through enrollment registration procedures for Xiaoxing.

Ms. Shao believes that Mr. Yan's behavior has damaged Xiaoxing's right to education and Ms. Shao's right to custody. After several unsuccessful communications between the two parties, Ms. Shao sued Mr. Yan to the court for custody disputes, requiring Mr. Yan to immediately revoke the registration information about Xiaoxing in the enrollment platform, and Ms. Shao was responsible for Xiaoxing's enrollment and follow-up school affairs.

The counterclaim that the ex-wife asked for the latest household registration information was rejected

What is the purpose of Mr. Yan's abnormal behavior?

During the trial, Mr. Yan said that after the court ordered Xiaoxing to be brought up by Ms. Shao, Ms. Shao refused to disclose all information about the child's actual address and domicile. To this end, Mr. Yan filed a counterclaim to the court, requesting Ms. Shao to provide Mr. Yan with the latest household registration information, real address and other information of the child in accordance with the provisions of the Beijing Municipal Education Commission on enrollment registration, and fulfill the obligations assumed by the guardian according to law.

It was only here that I understood Mr. Yan's mind. Can this be supported by the court?

In this regard, the Chaoyang District People's Court held that the relationship between parents and children will not be eliminated by parents' divorce. After divorce, whether the children are directly raised by the father or the mother, or the children of both parents, parents still have the right and obligation to support, educate and protect their children. As guardians of minor children, parents shall respect the minors' right to education and perform the guardianship duty of ensuring that school-age minors receive and complete compulsory education according to law.

In this case, although Ms. Shao and Mr. Yan divorced, both of them, as Xiaoxing's parents, are guardians of minor Xiaoxing. Both of them should perform their guardianship duties in accordance with the principle of being the most beneficial to the ward, and protect the legal rights of the person, property and education of the ward. Xiaoxing is now a primary school student. Ms. Shao and Mr. Yan should ensure that Xiaoxing receives compulsory education in time. However, knowing that Xiaoxing's household registration has moved out of Chaoyang District and there is no evidence to prove that Xiaoxing meets the admission conditions in Chaoyang District, Mr. Yan failed to reach an agreement with Ms. Shao, Xiaoxing's direct foster, and registered Xiaoxing in Chaoyang District with the expired household registration information as Xiaoxing on the Beijing Compulsory Education Admission Service Platform, resulting in the failure of Xiaoxing's registration information review.

The court held that after Ms. Shao found the above situation and communicated with Mr. Yan, Mr. Yan still refused to revoke Xiaoxing's registration information and cooperate with Xiaoxing to go through the relevant procedures for admission in another urban area of Beijing. Mr. Yan's above behaviors seriously hindered Xiaoxing's right to receive compulsory education, and also violated Ms. Shao's guardianship as a direct supporter. Whether from the aspects of Xiaoxing's admission qualification or facilitating the direct caregivers to take care of Xiaoxing, Xiaoxing prefers to live in the urban area for admission.

With regard to Mr. Yan's counterclaim request, the court held that his request for Ms. Shao to cooperate with the relevant requirements of the Beijing Municipal Education Commission to provide her with the latest household registration information, real address and other information needed for enrollment was not in line with the principle of maximizing the interests of minors, so the court did not support it.

Accordingly, Chaoyang District People's Court legally ordered Mr. Yan to apply for the cancellation of Xiaoxing's registration information on the Beijing Compulsory Education Enrollment Service Platform within 3 days from the effective date of the judgment, and to cooperate with Ms. Shao in handling Xiaoxing's enrollment registration in the current residential area and related matters of follow-up schooling; Reject Mr. Yan's counterclaim request.

Healthy growth of children is a prerequisite

Don't mess with your parents if they have conflicts

After the judgment of the first instance was made, Mr. Yan agreed that the child would go to school in the current residential area, and cooperated in revoking Xiaoxing's registration information in the Beijing compulsory education enrollment service platform. It is reported that Ms. Shao will also submit Xiaoxing's application for enrollment offline as soon as possible, so that the children can enroll as soon as possible.

Mr. Yan said that he still hoped Ms. Shao would provide relevant information about the current address of the child.

As for the contradiction between parents, the judge said after the court that both parents should understand and understand each other on the premise that it is most conducive to the healthy growth of children, and ease and resolve the contradiction with a positive attitude. The court hopes that both parents, from the perspective that is most conducive to the growth and physical and mental health of their children, in line with the principle of mutual understanding and mutual accommodation, strive to overcome their own difficulties, correctly exercise their rights, properly perform their obligations, take care of the feelings and wishes of minor children, reasonably and properly solve the problems of child rearing and visiting, and give them full care and love, The minor children whose parents divorced can still receive the care from their parents.

Author | Legal Daily All media reporter Huang Jie, Xu Weilun, correspondent Huang Shuo

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