Nhat Kim Anh just "made up" her ex-husband had to continue to take each other to court to win custody of the children again

Hoàng PhúcJul 07, 2022 at 07:31

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The Supreme People's Court has just issued a cassation decision on a dispute over the change of direct custody of children between the plaintiff, singer-actress Nhat Kim Anh (Mrs. Do Thi Kim Hue, 37 years old, in Ho Chi Minh City) and The defendant is an ex-husband (Mr. Ngo Nguyen Phuc Buu Loc, 35 years old, in Can Tho City.

On July 6, Mr. Ngo Nguyen Phuc Buu Loc said that the Judges' Council of the Supreme People's Court had just issued a cassation decision on the "dispute over the change of the person directly raising the child" between the plaintiff, Mrs. Do Thi Kim Hue. and the defendant is Mr. Loc.

The cassation decision of the Supreme People's Court stated that the singer and her ex-husband divorced according to the appellate judgment of the People's Court of Can Tho City. The female singer voluntarily gave her common c.hild, NBL's grandchild (born on September 20, 2015) to her ex-husband to directly raise.

Nhat Kim Anh just "made up" her ex-husband had to continue to take each other to court to win custody of the children again - Photo 1

Grandson L. lives with Mr. Loc and his grandparents in Can Tho. The female singer lives in Ho Chi Minh City and goes to Can Tho to visit her children. On July 16, 2019, the singer filed a lawsuit asking to change the person directly raising the c.hild because she thought that her ex-husband and his family prevented the right to visit, care for and educate the children together.

In the case file and the parties' admission, the two did not agree on the change of the person directly raising the c.hild. And L. is not yet 7 years old, so there is no question of considering his wishes.

The Supreme People's Court said that the female singer who requests to change the person directly raising the c.hild must prove that the person who is directly raising the c.hild is her ex-husband and is no longer eligible to directly look after, care for, nurture and educate the c.hild. education to propose or change the person to directly raise the c.hild.

However, the first instance level did not clarify, did not ask the singer to prove that her ex-husband was no longer eligible to directly look after, care for, raise and educate the children.

The first instance level also did not verify the family situation, work and income of Mr. Loc, but said that the singer proved that she had enough economic conditions to raise children to decide to change the person on duty. Co-parenting has not fully and comprehensively considered the issues of the case.

Nhat Kim Anh just "made up" her ex-husband had to continue to take each other to court to win custody of the children again - Photo 2

As for the cassation decision of the High People's Court in Ho Chi Minh City, which said that the first instance level had collected enough, clearly, and had enough grounds to clarify the details of the case, it was not true.

According to the Supreme People's Court, the document contained in the case file only contains the t.estimony of Mr. Loc in the working minutes dated March 5, 2020, showing the monthly income on paper is more than 9,000,000 VND/month.

In addition, there are no specific documents showing Mr. Loc's work, income and assets as well as documents and evidence proving that he is no longer eligible to directly nurture, look after, care for and educate. c.hild.

The High People's Court in Ho Chi Minh City also said that Mr. Loc himself often went to work away from home, going abroad to leave L. at home for his grandparents to take care of.

Meanwhile, the case file has a written reply from the Immigration Department, Ministry of Public Security, showing that Mr. Loc entered and exited 5 times, the last time he entered on October 14, 2018. And Mrs. Hue entered and exited 44 times, the last time she entered on October 9, 2019.

According to the Supreme People's Court, the cassation decision of the High People's Court in Ho Chi Minh City, annulling the appellate judgment of the People's Court of Can Tho and upholding the first-instance marriage and family judgment of the People's Court of Ninh Kieu district is not sufficient. keep.

In Mr. Loc's application for cassation review, the process of providing evidence to the first instance level, has submitted enough evidences to prove the economic conditions for c.hild rearing.

Nhat Kim Anh just "made up" her ex-husband had to continue to take each other to court to win custody of the children again - Photo 3

Specifically, 2 certificates of land use rights in Mr. Loc's name, a business registration certificate of Mekong Joint Stock Company showing that Mr. Loc owns 860,000 common shares, financial statements and inventory value. of Mekong Joint Stock Company, two car rental contracts showing that Mr. Loc is the owner of the vehicle, and an insurance contract by Mr. Loc as the buyer and his son as the beneficiary.

For the above reasons, the Supreme People's Court canceled the cassation decision of the High People's Court in Ho Chi Minh City, upheld the appellate marriage and family judgment of the People's Court of Can Tho City and handed over the case file to the People's Court of Ninh Kieu District. , re-trial in accordance with regulations.

The Supreme People's Court requested the first-instance level, when accepting and re-settling the case, to collect and fully verify documents and evidences to determine the truth.

On the basis of the collected documents and evidence, the first instance level must consider and evaluate objectively and comprehensively and decide to assign the c.hild to the party that directly raises it for the sake of the c.hild's rights and interests in all aspects.

Nhat Kim Anh just "made up" her ex-husband had to continue to take each other to court to win custody of the children again - Photo 4

In another development, Nhat Kim Anh also recently returned to Can Tho to attend his son's closing ceremony. On her personal page, Nhat Kim Anh shared a moment to celebrate her son at school. Notably, she comfortably took pictures with her ex-husband Buu Loc. The moment the family of 3 beams in front of the camera attracts tens of thousands of likes and loves from the online community.

Under the post, fans gave advice to hope that Nhat Kim Anh and her ex-husband would reunite, but the singer said: "That's enough fun and happiness, peace, sometimes healing can't be like that, sir. ".

Nhat Kim Anh just "made up" her ex-husband had to continue to take each other to court to win custody of the children again - Photo 5

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