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婚姻破裂后,未获得监护权(抚养权)的一方父母,擅自将子女带离其经常居所地,使其脱离另一方父母,既侵犯了一方父母的权益,又影响了子女一贯稳定的生活环境。这种行为被称为“儿童诱拐”(Child Abduction)。无论在中国还是在他国,离婚时或离婚后强行带走孩子的事情并非个案。尽管各国法律体系和具体法律条文不同,但是,在“儿童诱拐”这件事上,各国的法律认知如出一辙:不能放任纵容抢孩子,孩子的抚养权之争,以保护孩子利益为最高原则。孩子具有独立属性,并非任何一方的私有产品,父母不能随意处置。
After the marriage broke down, one parent, who did not receive guardianship (custody), took their child away from their place of usual residence and separated them from their parents, violating the rights and interests of both parents and affected their children’s stable living environment . This behavior is called “Child Abduction.” Whether in China or in other countries, it is not the case that children are forcibly taken away at the time of divorce or divorce. In spite of different legal systems and specific legal provisions in various countries, the legal cognitions of all countries are exactly the same in the case of “child abduction.” The dispute over the right to custody of children and children can not be indulged in order to protect the interests of their children. in principle. Children have independent attributes and are not private products of either party, and parents can not dispose of them freely.