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Is it OK for the litigant in the custody dispute not to appear in court

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Is it OK for the litigant in the custody dispute not to appear in court


        

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  • 2024-06-26 15:00:57

    According to the provisions of Chinese laws, the parties may not appear in court after they entrust lawyers or agents to appear in court. However, when a lawsuit involves personal relations, for example, if the parties need to dissolve their marriage, they must appear in court. According to the provisions of the Civil Procedure Law and relevant judicial interpretations, alimony disputes involve personal relationships. Therefore, such cases belong to those in which the defendant must be present in court. The defendant should participate in the trial at the beginning of the trial and cannot entrust a lawyer with full power of attorney. If the parties cannot find out the basic facts of the case without appearing in court, the court can summon the parties to participate in the trial. If the parties do not appear in court after two summonses, the court can take compulsory summon. The specific legal basis is:
    1. Article 174 of the Judicial Interpretation of the Civil Procedure Law stipulates that the defendant who must appear in court as stipulated in Article 100 of the Civil Procedure Law refers to the defendant who has the obligation to support, bring up and support, and cannot find out the case without appearing in court. The people's court may compel the plaintiff, who must appear in court to find out the basic facts of the case, to be summoned twice and refuses to appear in court without justified reasons.
    2. Article 175 of the Judicial Interpretation of the Civil Procedure Law stipulates that compulsory summonses must be served by compulsory summonses and delivered directly to the detained summonses. Before compulsory summoning, the detainee shall be informed of the consequences of his refusal to appear in court. If he still refuses to appear in court after criticism and education, he may be summoned to appear in court.
    3. Article 100 of the Civil Procedure Law stipulates that the people's court may compel the defendant who must appear in court to be summoned twice and refuses to appear in court without justified reasons.

    E***

    2024-06-26 15:00:57

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