Source: OT-Team(G), 中国法院网
On October 31, 2025, China's Supreme Court published a case from Shanghai's Changning District, where Pierre and Lina were engaged in a bitter custody battle over their son, Ami. The court intervened to address the child's needs.
In March 2025, an intense custody battle unfolded in the Changning District People's Court in Shanghai between Pierre (father, nationality A) and Lina (mother, nationality B) over the custody of their son, Ami (dual nationality A and B). Following their divorce, the parents' bitter conflict over custody pushed Ami, a young child, into the center of their disputes, raising serious concerns about his well-being.
Escalating Conflict: The Harm to Ami
Ami, still a child, was deeply affected by his parents' ongoing tug-of-war. During court proceedings, it became clear that their actions—such as having Ami record a video to choose who he wanted to live with—had put the child in a painful and emotionally damaging position. The court also found that family members had been encouraging Ami to take sides, further complicating his emotional state. These actions were seen as a violation of the child's rights, as they contradicted both international conventions and Chinese law, which prioritize the child's best interests.
The court's intervention was critical. In line with the Supreme People's Court's 2024 directive on "Care for Minors in Divorce Cases," the Changning District Court issued its first-ever "Special Care for Minors Prompt" to the parents. This legal document set clear boundaries for the parents' behavior, prohibiting coercion of the child and the transmission of harmful statements, and requiring both parents to cooperate with the investigation.
Psychological Toll: Expert Assessment of the Child's Needs
As the case progressed, it became evident that Ami was bearing an emotional burden far beyond his years. Dr. Ni Xiaodong, a leading child psychiatrist in Shanghai, who spoke with Ami during a home visit, observed that the child exhibited signs of emotional distress. Ami's "mature" understanding of the situation was not a sign of strength, but of the painful reality he was living through.
Experts noted that the parents' conflict was deeply affecting Ami's mental health. "Children often internalize parental conflict and blame themselves," explained Professor Chen Limei from East China Normal University. "This kind of emotional strain can be deeply damaging if not addressed." The parents' negative emotional states—intensified by their ongoing dispute—were clearly weighing on their son.
Mediation: Bridging Legal and Cultural Gaps
The international nature of the case presented additional complications. Pierre and Lina were at odds not only over the custody arrangements but also over the legal frameworks of their respective countries, which led to significant misunderstandings about Chinese law regarding guardianship and custody.
To resolve this, the court appointed Michelle Tzhori, an international legal expert from the Shanghai Economic and Trade Mediation Center, to help bridge the gap between Chinese legal principles and the parents' foreign legal backgrounds. With her assistance, the court clarified the applicable laws, ultimately helping both parents understand their rights and obligations under Chinese law.
The court's mediation led to a breakthrough: Pierre and Lina agreed to a joint custody arrangement, with each parent taking turns to care for Ami on an annual basis. The agreement also outlined visitation rights, financial responsibilities for Ami's education and health care, and arrangements for cross-border travel, ensuring that Ami's needs were met in both countries.
The Child's Well-Being Above All
This case serves as a stark reminder of the emotional toll that divorce and custody disputes can have on children. Despite the cultural and legal differences between the parents, the focus of the court was clear: to protect the child from further harm. By addressing the parents' behavior and ensuring Ami's needs were at the center of the resolution, the court demonstrated the importance of prioritizing the welfare of the child in even the most complex, international disputes.
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