Dao Hua Marriage and Family Law Firm 24-hour resolution of client's Ba'an personality rights injunction crisis, court adopts views to protect party's rights and interests

Marriage inheritance domestic disputes (mediation/trial) practical expert

Ten years of focus on; marriage and family legal services for bulk property matters

Guangdong Dao Hua Law Firm, Tang Yunhong, Dao Hua Marriage and Family Law Team, Shenzhen's renowned divorce litigation lawyer, professional inheritance and succession dispute lawyer, Guangdong and Shenzhen's top ten marriage and family law firms, specializing in handling: major and difficult divorce mediation/court litigation, property 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, etc. 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 sparked a special legal confrontation. Lin Mou (pseudonym), the male party, and Chen Mou (pseudonym), the female party, were married for five years and ended up separating due to emotional rifts. Their daughter, Tiantian (pseudonym), aged 3 and about to enter kindergarten, lives with her father in the property purchased by Lin Mou before marriage.

After the separation, the coexistence was initially relatively 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, at least 2 offline visits under her guardianship per month, and every time Tiantian interacts with her mother, her laughter and affectionate actions are silently recorded by Lin in the phone album.

However, as the divorce process progresses, the differences between the two parties intensify.Chen Mou suddenly changed his attitude, claiming that his custody and visitation rights were severely violated due to Lin Mou's restriction of visitation time and place, hindrance of parent-child interaction, requirement to visit under Lin Mou's guardianship, and Lin Mou's intention to take the child away from Shenzhen. He further alleged that Lin Mou'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 Mou be prohibited from hindering his exercise of guardianship in any form.。

Upon receiving the court notice, Lin某 was plunged into an unprecedented crisis:According to the procedural characteristics of the personality rights injunction system, the court must make a decision within 3 days of accepting the application. If the injunction is approved, not only will their normal life be disrupted, but it may also affect the custody dispute in subsequent divorce proceedings.In his despair, he found Tang Yunhong, a lawyer specializing in marriage and family matters, through a referral from a friend.

02 Case core keywords

Shenzhen Personality Rights Injunction Lawyer, Shenzhen Bao'an District Marriage Lawyer, Bao'an Court Case Representation, Shenzhen Divorce Visitation Rights Lawyer, Personality Rights Injunction Rejection, Divorce Custody Dispute, Visitation Rights Defense, Protection of Minors' Rights, Personality Rights Injunction Ruling Response, Emergency Marriage Case Representation, Evidence Organization Lawyer, Divorce Custody Negotiation, Family Matters Fast Representation, Shenzhen Marriage Lawyer Team.

03 Investigation process

Taking on the challenge: 24-hour extreme breakthrough, building a complete defense system

Attorney Tang Yunhong recalled: When theentrustment was received, there were less than 48 hours left until the court's deadline, and there was insufficient time of less than 24 hours to prepare the materials, making time pressure the biggest challenge in this case. As a preventive protection system established by the "Civil Code," according to Article 997 of the "Civil Code," the applicant only needs to prove "a high possibility of the existence of the infringing act" to claim the right, and if the respondent fails to provide timely evidence to refute it, they are likely to fall into a passive position.

(1) Lock in the core disputes between the two parties: clarify the legal boundaries of the claims of both parties

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

1. Dispute over the exercise of 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. Dispute over guardianship rights：Chen claims that Lin has obstructed him from fulfilling his guardianship duties. Lin states that he has never refused Chen's communication with the child, but has instead actively provided visiting conditions.

3. Dispute affecting children's rights：Chen claims that Lin cares for the child's mental health, but Lin believes the child's living conditions are stable, and this claim lacks factual basis.

4. Future city of residence for the child:Chen Ren believes that Lin Mou's job is unstable and that he will leave Shenzhen, which will affect the exercise of future visitation rights. Lin Mou believes that the job is stable, he has a house in Shenzhen, and plans to settle in Shenzhen in the future.

In accordance with Article 34 of the "Civil Code" which states "Guardians shall perform their guardianship duties in accordance with the law" and Article 24 of the "Law on the Protection of Minors" which states "During divorce, proper arrangements should be made for the visitation of children," Lawyer Tang Yunhong clarified: The key to this case is to prove that Lin's actions did not violate the law, and that Chen's claims lack the legal elements of an act of infringement and the difficulty of compensation, and do not meet the conditions for the application of an injunction against personality rights.

(2) Formulating litigation strategy: breaking down claims from different dimensions with the law as the guideline

In response to the aforementioned dispute, lawyer Tang Yunhong formulated a dual strategy of "defense and legal refutation" for evidence presentation, advancing in three steps:

1. Provide evidence to prove that Lin某's rights and interests are protected in accordance with the law.：Collect the visitation communication records between Lin Mou and Chen Mou, as well as materials related to the child's daily life and health condition, to prove that Lin Mou has provided Chen Mou with visitation opportunities in accordance with the law, and that the child lives a stable life under his care, without any rights or interests being violated.

2. The legal basis for Chen Mou's claim is insufficient.：Pointed out that Chen Ren only claims infringement based on subjective feelings, without providing any effective evidence to prove the actual occurrence of damage, which does not meet the requirements of Article 997 of the Civil Code for the prohibition application of "proof of the infringing act and the irreparable damage."

3. Emphasize the principle of prioritizing the interests of minors.：In accordance with the core spirit of the "Law on the Protection of Minors," it is advocated that when issuing personality rights injunctions, the rights and interests of the children should be given priority consideration. If the injunction is issued solely based on Chen Ren's unilateral claim, it may instead disrupt the child's existing stable life, contrary to the original intention of the law.

(3) Efficient Implementation: Rapid integration of materials, precise presentation of viewpoints

Under strategic guidance, the Tang Yunhong legal team worked through the night to advance the work:

1. Evidence integration：Screen materials directly related to the focal points of the dispute, form two types of evidence systems for visitation guarantees and children's rights, compile the "Evidence List," clearly stating the content and purpose of the evidence, ensuring that each piece of evidence corresponds to legal provisions and supports the defense arguments.

2. Document drafting：Drafting the "Answer Brief" and "Evidence Examination Opinion" with facts and laws as the core, in response to Chen's three claims, analyze the illegality of his claims one by one, combining with relevant provisions of the "Civil Code" and the "Law on the Protection of Minors," clearly pointing out the absence of any infringement facts and legal basis.

3. Preparations for court hearing：Sort out the facts and key points of the trial and debate, focusing on the conditions for the application of injunctions and evidence. Anticipate the possible questions that the court may inquire during the investigation in advance, ensuring that the defense logic is clear and the legal basis is sufficient.

By going through the above 3 steps, a solid foundation is laid for the case to be won.

04 Judgment result

Triumph Moment: The court fully adopts the viewpoint, and the injunction application is legally rejected.

The next day, the Bao'an District People's Court of Shenzhen City issued a ruling: After review, it is found that the respondent Lin has ensured the visitation rights of the applicant Chen through means such as video calls and offline visits. The existing evidence is insufficient to prove that Lin has engaged in acts of infringing upon Chen's personality rights. Therefore, in accordance with Article 997 of the Civil Code, the application for a personality rights injunction submitted by Chen is hereby rejected.

05Tang Code states

Break through family dilemmas with professionalism, guard the bottom line of the family with warmth.

Reviewing this 24-hour extreme victory case of a personality rights injunction, Tang Yunhong, lawyer, combined with her over 10 years of experience in the field of marriage and family law, shared her in-depth thoughts on family law cases from both the dimensions of professional judgment and professional philosophy:

1. As a family and marriage lawyer, one must possess three professional capabilities: first, rapid matching of legal requirements; second, targeted construction of evidence, integrating evidence around the focal points of disputes; third, anticipating the judicial logic, standing in the perspective of the court to enhance the persuasive power of the defense. In terms of philosophy, one should always practice three roles: be a rational agent, using evidence to restore the truth rather than simply opposing; be a warm mediator, reminding parties that after winning the case, they still need to ensure reasonable visitation rights and leave space for family reconstruction; and be a guardian of rights and interests, doing everything possible to protect the legitimate rights and interests of the client.

2. From taking on a crisis to winning a favorable judgment, the 24-hour extreme challenge not only tests the lawyer's professional ability but also highlights the lawyer's professional concept of "upholding the legitimate rights and interests of the parties." In today's increasingly complex marital and family disputes, the application of new systems such as personality rights injunctions is becoming more widespread. Our Dao Hua marital and family law team, with over a decade of experience in marital inheritance legal services, precise grasp of legal provisions, and extreme pursuit of case details, has repeatedly fought for the legitimate rights and interests of the parties in difficult situations.

06 Index of relevant laws and regulations

1.Article 34 of the Civil CodeThe duty of the guardian is to act on behalf of the ward in civil legal matters, protect the ward's personal rights, property rights, and other legitimate rights and interests.

Article 997 of the Civil CodeWhere a civil subject has evidence proving that the person is engaged in or about to engage in an illegal act of infringing upon their personality rights, and failure to stop it in a timely manner will cause irreparable damage to their legitimate rights and interests, they have the right to apply to the people's court for measures to order the person to cease the relevant acts in accordance with the law.

Section 24 of the "Law on the Protection of Minors"When the parents of a minor divorce, they should properly handle matters such as the custody, education, visitation, and property of the minor children, and listen to the opinions of minors who have the ability to express their wishes. They shall not compete for custody rights by means such as seizing or hiding the minor children.

Dao Hua Family Law Firm, ten years focused on major property marriage and family legal services, expert in marriage inheritance and family disputes (mediation/trial), is one of the influential brands in [Shenzhen local] marriage inheritance and wealth management legal services.

The team has handled over 1000 cases related to marriage inheritance, and has extensive experience in dispute resolution fields such as complex marriage and family matters, inheritance disputes, will drafting, and family property distribution. Applying local wisdom, the team is skilled in dealing with difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, will drafting and notarization, and inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth appreciation," we gather experts from industries such as law, banking, insurance, and finance and taxation. With a wealth of successful cases, we provide a comprehensive package of solutions for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals) in marriage, family affairs, and wealth inheritance, to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance.

Asset types include: real estate (commercial housing, small property rights housing, land use rights, etc.), various property rights (equity, debt, relocation compensation, copyright, invention patents, etc.).

The team has completed the compilation of "A Collection of Successful Cases of Dao Hua Marriage and Inheritance" and "Legal Practice of Family Wealth Transmission," achieving remarkable achievements in both legal practice and theoretical research.

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