Beijing divorce lawyer: is it a crime of abandonment for a 5-year-old child to be locked up in kindergarten for a few days?

Children are the crystallization of parents' love, and parents will do their best to care for them. But if one day you suddenly find that the child who has been calling Dad for so many years is not your own flesh and blood, what will you do?

There is a 5-year-old boy in Nanning, Guangxi, who was detained in kindergarten for several days. During this period, the child's parents have never come to pick him up. The kindergarten teacher said that the boy's father had sent a message that the child was not his own and would not pick him up again, but he would call the boy every day to say hello. The mother has been unable to contact, and finally contacted the child's grandfather and uncle through the police, but they are unwilling to accept the boy.

A, the boy's relatives refused to accept the child, whether it constitutes a crime of abandonment?

In this case, the behavior of the boy's father is not wrong from the legal level, but it is a bit extreme from the moral level. China's provisions on the crime of abandonment are: those who are old, young, sick or have no other independent living ability have the obligation to support and refuse to support. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. It should be noted here that this clause stipulates that those who have the obligation to support, in the relationship between parents and children, the obligation to support becomes the obligation to support. However, for non-biological children, the man has no obligation to support them, so the behavior of the boy's father will not constitute abandonment.

It is worth mentioning that after the incident, the police contacted the boy's uncle and grandfather. For whatever reason, they didn't want to pick up the boy, but they didn't have the obligation to support the boy when his parents didn't die, so they didn't constitute the crime of abandonment. However, if the boy's mother does not take the child home after knowing this situation, it may constitute a crime of abandonment.

Second, what should I do if I find that the child is not my own?

If it is found that the child is not her own, then the woman's behavior belongs to "fraudulent parenting". According to the relevant provisions of the Civil Code, this behavior belongs to "other circumstances that lead to the breakdown of the relationship between husband and wife". If the boy's father wants to file for divorce, the court will allow it. As the innocent party, he can divide more property when dividing property. Moreover, you can also ask the other party to return the alimony for the past five years and compensate for mental losses.

But in any case, the mistakes made by adults can't be borne by children, not to mention that he is only five years old and is at the age of exploration. If he suffers such a thing, it will have a great impact on his mental health. Moreover, judging from the situation that the boy's father calls to greet the boy every day, perhaps he still has a little reluctance to the boy in his heart, but he has never been able to cross this hurdle.

Finally, I contacted the boy's mother. She said that she was out of town and would go back to pick up the children as soon as possible. She also hopes that the follow-up boys can handle it properly.