As early as March 1999, Chen Mou had learned that Lao Wang had raised his daughter. However, in 13, when her daughter needed maternal love most, Chen Mou didn't give her any care, and she didn't try to win the custody of her daughter by the blood relationship between mother and daughter.
Until March 20 12, Xiao Wang's biological father Gan was killed in a traffic accident. Subsequently, through the paternity test report, it was determined that Gan was Xiao Wang's biological father.
Therefore, Chen Mou stood up as a "mother" and wanted to claim her daughter on the grounds that she was the only legal guardian of her daughter, but her daughter refused.
Why does a mother who has been ignoring her children for more than ten years suddenly want to recognize her daughter? It turned out that because Xiao Wang's father died in a traffic accident, he was likely to get the corresponding traffic accident compensation money, so Chen Mou remembered to claim his daughter.
The daughter's refusal made Chen Mou file a lawsuit in Jiangxia District People's Court in Wuhan, demanding to confirm the mother-daughter relationship with Xiao Wang. However, whether it is the first trial or the second trial, Xiao Wang, who has a certain ability to express his will, does not agree to do paternity test.
After hearing the case, Jiangxia District Court held that after Chen Mou applied for paternity test, due to Xiao Wang's explicit disapproval, paternity test could not be carried out. Therefore, Chen Mou's claim to confirm the mother-daughter relationship with Xiao Wang is unfounded and rejected Chen Mou's claim. After the verdict, Chen Mou refused to accept it and appealed.
During the trial of the second instance, Chen Mou proposed that according to the relevant judicial interpretation of the Marriage Law, if one party sued for the confirmation of paternity and provided necessary evidence to prove it, and the other party refused to do paternity test without evidence to the contrary, the people's court could presume that the claim of the party requesting the confirmation of paternity was established.
"My family took good care of me. I am living very well now and don't want to live with Chen Mou. " Xiao Wang stated this in the second trial.
After trial, Wuhan Intermediate People's Court held that the evidence provided could only prove the fact that she lived with Gan and had a daughter, but did not provide the necessary evidence to prove her claim, so there was no factual basis for asking for confirmation of her mother-daughter relationship with Xiao Wang.
Accordingly, Wuhan Intermediate People's Court rejected Chen Mou's appeal and upheld the original judgment.
Presumably, the premise of parent-child relationship is conducive to the growth of children.
Regarding the relevant judicial interpretation provisions mentioned by Chen Mou during the trial, the court pointed out that, first of all, Chen Mou did not provide the necessary evidence to prove that there was a parent-child relationship between her and Xiao Wang, which did not meet the preconditions. In addition, the judicial interpretation makes it clear that when one party provides necessary evidence to prove the paternity test is established, but the other party refuses to do it without evidence to the contrary, the people's court only "can" presume that the claim of the party requesting the paternity test is established, not "should" or "must" presume that the claim is established.
The judge said that whether the presumption of requesting paternity should be established should be based on whether it is conducive to maintaining family harmony and stability and protecting the legitimate rights and interests of minors.
First, Xiao Wang was abandoned when he was young. If Chen Mou is Xiao Wang's biological mother, she has an unshirkable responsibility. Lao Wang has raised Xiao Wang for more than ten years. As early as March 1999, Chen Mou learned that Lao Wang had raised Xiao Wang. When Xiao Wang needed maternal love most, Chen Mou didn't give her any care, and didn't take timely measures to confirm the mother-daughter relationship with Xiao Wang, so as to win the custody of Xiao Wang. After more than ten years, when Xiao Wang's biological father Gan died in a car accident, and Xiao Wang might get the corresponding traffic accident compensation money, he sued the court to confirm his mother-daughter relationship with Xiao Wang. The court has reason to believe that Chen Mou's claim is not based on his love for Xiao Wang.
Secondly, Xiao Wang has reached the age of 16, and his intelligence and cognitive ability are enough to understand the significance of paternity test. However, in the first and second trials, Xiao Wang refused to do paternity test and resolutely refused to live with Chen Mou. Therefore, the court should fully respect his opinion. Xiao Wang and Lao Wang have deep feelings for their father and daughter. In this case, if the relationship between Chen Mou and Xiao Wang is confirmed, it will have a negative impact on Xiao Wang, a minor.
To sum up, from the perspective of maintaining family harmony and stability and protecting the legitimate rights and interests of minors to the maximum extent, Chen Mou's claim should not be presumed to be established in this case, so Chen Mou's claim to confirm her relationship with Xiao Wang's mother and daughter was rejected.
Is this mother worthy of being a woman? I abandoned my daughter when she needed it most, and now I want her back for money. This is not a dream, it is really karma.