Parents preparing for divorce in China often need to plan where a child will live, how the child will maintain contact with each parent, and how school, health care, and travel decisions will work. A proposal grounded in the child’s actual routine is more useful than general claims about which parent is the better caregiver.
Article 1084 of the Civil Code sets age-based rules: a child under two is generally directly raised by the mother; for a child aged two or older, the court decides a disputed arrangement under the principle most favorable to the minor; and the child’s true wishes must be respected from age eight. These rules operate in the circumstances of the individual case.
Start with the statutory framework
The Civil Code provides that divorce does not end the parent-child relationship or the parents’ duties to raise, educate, and protect the child. For a child under two, direct care by the mother is the general rule. For a child aged two or older, if the parents cannot agree, the court decides based on their specific circumstances and the principle most favorable to the minor. For a child aged eight or older, the court must respect the child’s true wishes.
These provisions do not create an automatic outcome for every family. Parents should avoid turning an age threshold into a promise about the result. The court considers the facts and the child’s welfare under the applicable legal standard.
Present a workable routine
Prepare a clear account of the child’s current care: where the child lives, who handles daily needs, school and health arrangements, and the child’s existing relationships and routine. Explain how each proposed arrangement would work in practice, including the child’s schedule, handovers, holidays, medical decisions, and regular contact with the other parent.
Support factual statements with appropriate records such as school notices, medical documents, caregiving calendars, and communications about parenting. Keep the focus on the child. Do not pressure the child to take sides, coach statements, or use private information in a way that may harm the child.
Address cross-border arrangements specifically
If a parent or child lives abroad, identify the child’s habitual residence, travel documents, school location, and how contact would be maintained across distance. Describe proposed travel and relocation arrangements precisely. Cross-border custody and enforcement can raise additional jurisdiction and recognition questions, so obtain advice for each relevant country before relying on an agreement or order abroad.
Sources: Civil Code, Article 1084.
This overview is general information. The proper arrangement depends on the child’s circumstances and the evidence before the court.
