Chinese grandma successfully sues daughter, son-in-law for years of care for grandson
By Ryan General
October 5, 2023
A Chinese grandmother, who had looked after her grandson for five years, successfully sued her daughter and son-in-law for childcare compensation.
Service rendered: A court in the city of Guangan, Sichuan province, ordered a couple, identified only as Hu and Zhu, to pay the wife’s mother a childcare fee of 82,500 yuan ($11,457) for caring for the child from February 2018 to July 2023.
The court decided that Hu’s mother, surnamed Duan, had taken on a responsibility that wasn’t legally required of her since both parents were financially capable.
Stipend and fee: Hu and Zhu, who were both working in Chengdu, sent Duan a monthly stipend of 1,000 yuan ($138) and an additional childcare fee of 2,000 yuan ($277) during the child-caring period. While Duan purportedly did not complain for five years, she concluded in July that her efforts had not been adequately rewarded and that she deserved more compensation. She asked the couple to pay her 192,000 yuan ($26,600).
A new agreement: Hu thought her mother’s request was excessive. Without discussing the matter with her husband, Hu promised to pay 50,000 yuan ($6,900) to her mother, and they signed an agreement. However, Hu did not complete the payment despite frequent reminders from her mother.
Divorce factor: The grandma’s lawsuit came as Hu and Zhu were in the midst of a divorce. Duan’s childcare efforts, initially intended to alleviate her daughter’s burdens and maintain family stability, ended up entangled in the couple’s marital issues. The couple’s predicament has led to Duan saying she feels unrewarded.
The legal perspective: Under the Civil Code of China, the responsibility for raising, educating and protecting minor children is shared by both parents. However, in specific circumstances, grandparents may also have a duty to care for their grandchildren, provided they have the means and the child’s parents are unable to fulfill this duty.
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