Practical Expert in Marriage Inheritance and Family Disputes (Mediation/Litigation)

Ten Years of Focus on Large Property Marriage and Family Legal Services

Guangdong Daohua Law Firm, Tang Yunhong Lawyer, Daohua Marriage and Family Law Firm, Shenzhen's famous divorce litigation lawyer, professional inheritance and succession dispute lawyer, Guangdong and Shenzhen's top ten marriage and family law firms, specializing in: large and difficult divorce mediation/court litigation, property and small property division, will and inheritance disputes, will notarization, divorce property division, post-divorce property disputes, divorce/marital agreement, custody disputes, will inheritance disputes, statutory inheritance disputes, land and property inheritance, rural house demolition inheritance, will drafting, will validity determination, and other non-litigation and disputes. Service areas: Futian, Nanshan, Luohu, Longgang, Bao'an, Longhua, Guangming, Pingshan, Dapeng, Yantian

01Case Summary: Divorce Visitation Dispute Leads to Personality Rights Injunction

In the summer of 2025, a divorce dispute in Bao'an District, Shenzhen City, triggered a special legal confrontation. Lin Ming (pseudonym), the male party, and Chen Ning (pseudonym), the female party, were married for five years and ended up separating due to emotional cracks. Their daughter, Tiantian (pseudonym), aged 3 and about to enter kindergarten, lived with her father in the property purchased by Lin Ming before marriage.

After separation, the cohabitation initially remained peaceful: Lin always adhered to the principle that children should not pay for the conflicts of adults, and reserved sufficient channels for parent-child communication for Chen: arranging 1 to 2 video calls per week, and at least 2 offline visits under Chen's care per month. Lin silently recorded the laughter and affectionate gestures of Tiantian with her mother in the phone album during each interaction.

However, as the divorce process progressed, the differences between the two parties intensified. Chen suddenly changed his attitude, claiming that Lin restricted the visitation time and place, hindered parent-child interaction, required visitation under Lin's guardianship, and that Lin wanted to take the child away from Shenzhen, etc., as reasons for serious infringement on his guardianship and visitation rights. He further claimed that Lin's care affected the child's mental health and urgently applied to the Bao'an District People's Court of Shenzhen for a personality rights injunction, demanding that Lin be prohibited from interfering with his exercise of guardianship in any form.

When Lin received the court's notice, he was in an unprecedented crisis: According to the procedural characteristics of the personality rights injunction system, the court must make a decision within 3 days after accepting the application. If the injunction is approved, not only will his normal life be disrupted, but it may also affect the subsequent custody dispute in the divorce lawsuit. In his despair, he found Tang Yunhong, a lawyer specializing in marriage and family law, through a friend's recommendation.

02 Case Core Keywords

Shenzhen Personality Rights Injunction Lawyer, Shenzhen Bao'an District Marriage Lawyer, Bao'an Court Case Agency, Shenzhen Divorce Visitation Rights Lawyer, Personality Rights Injunction Rejection, Divorce Custody Dispute, Visitation Rights Defense, Protection of Minors' Rights, Personality Rights Injunction Decision Response, Emergency Marriage Case Agency, Evidence Sorting Lawyer, Divorce Custody Rights Negotiation, Family Case Rapid Agency, Shenzhen Marriage Lawyer Team.

03 Investigation Process

Taking on the Challenge: 24-hour Extreme攻坚, Building a Complete Defense System

Tang Yunhong, the lawyer, recalls: When the委托 was received, there were less than 48 hours left until the court's deadline, and less than 24 hours for preparing the materials, making time pressure the biggest challenge in this case. The personality rights injunction, as an precautionary protection system established by the Civil Code, according to Article 997 of the Civil Code, the applicant only needs to prove “there is a high possibility of infringement” to claim the right, and if the respondent fails to provide timely evidence to refute, they are likely to fall into a passive position.

（一）Locking in Core Disputes of Both Parties: Clarifying the Legal Boundaries of Both Parties' Demands

After accepting the委托, Tang Yunhong lawyer immediately initiated an emergency case handling mechanism, quickly sorting out the three major dispute focal points through in-depth communication:

1. Dispute over Visitation Rights: Chen believes that visiting under Lin's guardianship is a restricted visitation, while Lin argues that the arrangement is for the safety of the child and is in line with the logic of daily care.

2.监护权侵害争议：陈某主张林某阻碍其履行监护职责，林某称从未拒绝陈某与孩子沟通，反而主动提供探视条件。

3.子女权益影响争议：陈某声称林某照料影响孩子心理健康，林某认为孩子生活状态稳定，该主张无事实依据。

4.孩子未来居住城市：陈某认为林某工作不稳定，要离开深圳，影响未来探视权的行使，林某认为工作稳定，在深圳有住房，未来定居在深圳。

In accordance with Article 34 of the Civil Code "The guardian shall perform the guardianship duties in accordance with the law" and Article 24 of the Law on the Protection of Minors "The custody of children shall be properly handled during divorce", Lawyer Tang Yunhong clearly stated: The key to this case is to prove that Lin's actions did not violate the law, and that Chen's claim lacks the legal requirements of the existence of an infringing act and the difficulty of compensation, which does not meet the conditions for the application of the personality rights injunction.

（二）Formulate Litigation Strategy: Break Down Claims from Different Dimensions Based on the Law

In response to the above disputes, Lawyer Tang Yunhong formulated a dual strategy of "defending and refuting the law" for evidence, advancing in three steps:

1. Evidence to prove that Lin某 legally guarantees rights and interests：Collect communication records and materials related to the child's daily life and health status between Lin某 and Chen某, to prove that Lin某 has already followed the law to guarantee Chen某's rights and interests.