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夫妻离婚后,其子女究竟随哪一方生活,这往往是当事人双方争执的焦点,特别是在独生子女越来越多的情况下,这类纠纷就显得更加突出、尖锐,在审判实践中,也是一个颇为棘手的问题。妥善处理在新形势下纷繁复杂的抚养纠纷,直接关系到子女的健康成长和双方当事人的合法权益,以及社会的安定团结。 一、夫妻离婚后,子女仍是父母双方的子女 我国婚姻法第二十九条第一款规定:“父母与子女的关系,不因父母离婚而消除。离工后,子女无论由父方或母方抚养,仍是双方的子女。”由此可见,父母子女间的权利义务关系,不因父母的离婚而受到影响,更不会终止。这是由父母子女关系的性质所决定的。婚姻法这一规定的精神实质,在于加强父母对于女抚养教育的责任感,使子女的合法权益不致于因父母离婚而受到损害。在现实生活中,有些人则认为,离婚后子女跟谁生活,就是谁的子女,与对方无关,甚至拒绝对方探望子女。有的人还认为,既然子女跟对方生活,就是与自己脱离了父子女或母子女关系,于是便推卸抚养教育子女的义务,特别是对养子女和非婚生子女等就更是如此。上述这些看法,明显地违反了婚姻法的规定,是对离婚后的父母子女关系的严重误解。
This is often the focus of disputes between the parties after the divorce of a husband and wife, and especially when more children are born, such disputes become more conspicuous and sharp. In trial practice, too A rather tricky question. Proper handling of the complicated and complicated upbringing disputes in the new situation has a direct bearing on the healthy growth of children and the legitimate rights and interests of both parties as well as the stability and unity of the society. First, after the divorce, the children are still the children of both parents The first paragraph of Article 29 of the Marriage Law of our country stipulates: “The relationship between parents and children shall not be eliminated because of divorce by parents.After leaving work, children shall be reared by their father or mother , Is still the children of both. ”Thus, the rights and obligations between parents and children are not affected by the divorce of parents, but will not be terminated. This is determined by the nature of parent-child relationship. The essence of the stipulation of the Marriage Law lies in strengthening parents' responsibility towards the education of female dependents so that the legitimate rights and interests of their children will not be harmed by the divorce of their parents. In real life, some people think that after the divorce, the children who live with whom, their children, have nothing to do with each other, and even refused to visit each other's children. Some people also believe that since children live with each other, they are separated from themselves by their father and son or mother and child relationship, so they will shirk the obligation to raise children for education, especially for adopted children and children born out of wedlock, especially so. These views clearly violate the provisions of the Marriage Law and are a serious misunderstanding of the relationship between the divorced parents and children.