Shenzhen Bao'an Marriage Case, Female Party Violently Seizes Legitimate Daughter, Dao Hua Lawyer Represents Male Party in Precise Evidence Collection, Efficiently Advances Personal Protection Order

Marriage and Family Affairs Dispute (Mediation/Litigation) Practical Expert

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

Guangdong Dao Hua Law Firm, Dao Hua Marriage and Family Law Team, Tang Yunhong Lawyer, Top Ten Divorce Lawyers in Shenzhen, Top Ten Inheritance Lawyers, Professional Divorce and Inheritance Litigation Lawyers in the Guangdong-Hong Kong-Macau Greater Bay Area, Renowned Lawyers for Large Family Properties, Numerous Successful Case Wins, Particularly Skilled in Handling: difficult property division/court litigation, listed company equity/fund/share division, real estate, Shenzhen small property rights houses/farmer houses, land, factories, virtual currency assets, Hong Kong divorce property division, marital/divorce property agreements, tax planning, debt isolation, divorce property transfer, cross-border inheritance, will notarization, will/inheritance disputes litigation, will drafting and validity determination, old city renovation and demolition, civil and criminal overlap, cross-border collaboration, etc. Service Areas: Guangdong, Shenzhen, Futian, Hong Kong, Macau, Overseas, Guangzhou, Zhongshan, Zhuhai, Foshan, Huizhou, Dongguan.

One, Case Summary

Mr. Chen and Ms. Liang were registered as married on August 14, 2021, and gave birth to their daughter, Chen XX, on April 28, 2022. After formally separating in June 2025, their daughter Chen XX has been living with Mr. Chen and his parents. In November 2025, the Dao Hua Family Law Firm represented Mr. Chen in filing for divorce in court.

On December 5, 2025, at 17:56, while Mr. Chen's father was pushing a baby carriage with Chen Moumou for a walk, Ms. Liang led four third parties to follow and ordered two men to forcibly twist Mr. Chen's father's arms and illegally control his personal freedom, forcibly pulled Chen Moumou out of the baby carriage and took him away from the scene, resulting in Mr. Chen's father sustaining minor injuries. Subsequently, Ms. Liang, in order to conceal her legitimate daughter, arbitrarily requested an irregular long leave for her from the kindergarten and attempted to transfer her to another school, causing Chen Moumou to be unable to attend school normally. At the same time, she also refused to inform Mr. Chen of the specific address of her legitimate daughter and refused his normal visitation rights.

The legitimate daughter was abducted, Mr. Chen contacted us for assistance, and we immediately organized a team discussion on the resolution, and guided Mr. Chen in taking a series of actions such as reporting to the police, examining injuries, and collecting evidence.

Two, focal points of the dispute

1. Whether Ms. Liang's actions on December 5, 2025, constitute abduction and concealment of her legitimate daughter;

2. Whether Ms. Liang's actions constitute an infringement on Mr. Chen's custody and visitation rights.

3. Whether the case meets the statutory conditions for the application of an injunction against the infringement of personality rights, and whether Mr. Chen's various injunction applications can be supported.

Chapter 3: The Investigation Process

Upon learning about the sudden abduction and concealment of the legitimate daughter by Ms. Liang, the Daohua Family Law Firm immediately established a special investigation team and swiftly launched the investigation.

(1) Understand the process of the case occurrence and promptly secure key evidence:Through detailed communication with Mr. Chen, we immediately guided the parties to report the incident in a timely manner, retrieved and preserved the on-site surveillance video of the crime scene, and applied for a judicial assessment of Mr. Chen's father's injuries, etc., to promptly preserve key evidence proving Ms. Liang's act of robbery on the day; and guided Mr. Chen to collect evidence proving a stable living environment, such as the birth certificate of the legitimate daughter, admission notice from the kindergarten, pick-up and drop-off records, property certificate, etc., as well as WeChat chat records with Ms. Liang, communication records with kindergarten teachers, and on-site visit recordings to prove the act of hiding and the infringement of the right to education.

(2) Precisely apply the provisions of the law, precisely articulate our core demands:By combining the facts of the case to draft an application for an injunction against personality rights infringement, clearly elaborating that Ms. Liang's actions constitute an infringement on Mr. Chen's parental rights and visitation rights, and that they have caused serious harm to the physical and mental health, as well as the right to education, of the legitimate daughter, this case is argued to meet the statutory conditions for the application of an injunction against personality rights infringement, and the specific claims for litigation are clearly stated from aspects such as residence, education, and prohibition of removal.

1. Order prohibiting Ms. Liang from infringing on Mr. Chen's parental rights and visitation rights over their legitimate daughter, Chen Xiaoming, by means such as seizure, concealment, and unauthorized removal of the legitimate daughter from the original residence.

2. Order that Ms. Liang cease the infringement on the educational rights of her legitimate daughter, Chen Moumou, and immediately send the legitimate daughter back to the Jian'an New Village Kindergarten in Bao'an District, Shenzhen for school.

3. Order that Ms. Liang immediately return the legitimate daughter, Chen Moumou, to her original residence at No. 14, Tengge Building, 603, Yonglian Road, Bao'an District, Shenzhen City, Guangdong Province, for Mr. Chen to care for and support.

4. Order prohibiting Ms. Liang from unilaterally taking her legitimate daughter Chen Moumou out of Shenzhen City.

(3) Efficiently advance the litigation procedures:After organizing the case materials, we immediately submitted the filing materials and evidence to the Nanshan District People's Court of Shenzhen, and after filing, we immediately applied to retrieve the police station case files to obtain the surveillance video, the interrogation records of Ms. Liang and her assistants at the police station, etc., which became the core evidence to prove that Ms. Liang had robbed and concealed her legitimate daughter:

1. The retrieved surveillance video clearly shows that Ms. Liang, together with four others, followed and tracked Mr. Chen's father, and while they quickly controlled Mr. Chen's father through division of labor, Ms. Liang quickly picked up the legitimate daughter and boarded the arranged vehicle to leave the scene.

2. The police record retrieved states that the four individuals who assisted in the abduction of the legitimate daughter of Ms. Liang, as well as the driver who provided transportation, were all hired social individuals by Ms. Liang for 20,000 yuan. The record details the entire process of Ms. Liang's delegation, planning, commanding the action, and post-action communication with all parties, fully confirming that the abduction by Ms. Liang was a premeditated and planned malicious act of abduction.

(4) Vigorously promote compulsory enforcement:After the personality rights injunction took effect, Ms. Liang refused to fulfill the obligations stipulated by the judgment. The Dao Hua Law Firm team submitted an application for mandatory enforcement to the court immediately, actively cooperating with the court's enforcement work, communicating with the executing judge and Ms. Liang to explain the law, clarifying the legal consequences of refusing to comply, and ultimately prompting Ms. Liang to cooperate and fulfill her obligations, returning her legitimate daughter Chen Xiaoming to Mr. Chen's side.

Four, Case Outcome

(1) The court's judgment

The Nanshan District People's Court of Shenzhen City, after review and determination, found that Ms. Liang's involved actions on December 5, 2025, not only damaged the physical and mental health of minors, but also constituted an infringement on Mr. Chen's rights arising from the performance of his guardianship duties, and had already constituted the abduction of minor children. And accordingly made a civil ruling:

1. Prohibit the respondent, Ms. Liang, from seizing and hiding the minor child, Chen Moumou.

2. The respondent, Ms. Liang, shall, within seven days from the receipt of this decision, return the legitimate daughter, Chen Xiaoming, to her original residence in Bao'an District, Shenzhen City, Guangdong Province, and live there.

(2) Case Execution

The personality rights injunction against Mr. Chen in this case was successfully issued, effectively stopping Ms. Liang's infringing acts. After the issuance of the personality rights injunction, as Ms. Liang failed to fulfill her obligations as required by the judgment, we applied to the court for mandatory enforcement in accordance with the law. Under the repeated summonses and warnings from the court, Ms. Liang finally returned her legitimate daughter, Chen Moumou, to Mr. Chen's side, and the father and daughter were finally reunited.

Chapter Five: Tang Yunhong's Experience in Handling Cases

Throughout history, it is not uncommon for one party in a divorce lawsuit to attempt to seize custody of children through acts of abduction or concealment, and this case is a typical example of a personality rights protection injunction arising from a custody dispute over minor children. The application for a personality rights protection injunction is handled through a special procedure, which is why the trial period is relatively short, and it is necessary to establish a complete and effective evidence chain within a short time. In this case, it was our meticulous and comprehensive evidence that directly proved the infringing acts of Ms. Liang in abducting and concealing her legitimate daughter, laying a solid foundation for the court to issue the injunction:

1. Comprehensive pre-litigation evidence collection work:The process of abduction of legitimate children often occurs suddenly, and many parties fail to provide crucial evidence due to the suddenness of the situation and lack of preparation, ultimately leading to defeat in court due to insufficient evidence. In this case, Mr. Chen, on the day his child was abducted, under the guidance of a lawyer, promptly reported the incident, applied for an injury examination, and obtained the surveillance video of the abduction scene through the property management of the community. After the case was filed, he promptly retrieved the police case files through the court, timely preserving the precious on-site evidence of this case.

2. Adhere to the principle of maximizing the interests of minors:In handling disputes over child custody in divorce cases, the court always takes the principle of "what is most beneficial to the physical and mental health of minors" as the core. In this case, the legal team demonstrated that the legitimate daughter has formed a stable living and educational environment with Mr. Chen, and Ms. Liang's act of seizing and hiding the child seriously destroyed this environment, harming the legitimate rights and interests of the minor. This aligns with the court's judgment approach, which is the key reason why the court ultimately ruled that Ms. Liang should return the legitimate daughter to Mr. Chen's side.

3. Precisely apply the system of injunctions against personality right infringement:The personality right injunction is an important procedural system for protecting the personality rights of civil subjects, which requires an accurate understanding of its applicable conditions, namely, "the perpetrator is engaging in or about to engage in illegal acts of infringing upon personality rights, and failing to stop them in a timely manner will cause the legitimate rights and interests of the rights holder to suffer irreparable damage." In this case, the lawyer team, combining with the actual infringement behavior of Ms. Liang and the subsequent concealed continuous state, fully demonstrated the requirement of "emergency," successfully promoted the court to issue an injunction, and timely stopped the infringement.

The dispute over custody should be conducted in a legal and rational manner, and it is prohibited to seize custody through illegal means such as seizing, hiding minor children, etc. Otherwise, it not only infringes on the other party's guardianship and visitation rights but also causes irreversible harm to the physical and mental health of the minor children, and will ultimately be negatively evaluated by the law. In the face of the sudden seizure of a legitimate child, the parties involved are often in a passive state, which requires lawyers to respond quickly, guide the parties in collecting evidence and initiating legal proceedings, and transform the legitimate claims of the parties into the basis for judicial judgments through professional legal analysis and document drafting, effectively safeguarding the legitimate rights and interests of the parties and minors.

Six, Index of Laws and Regulations

Article 997 of the Civil Code of the People's Republic of China: Where 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.

Article 12 of the Interpretation (II) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China: If one parent or their close relatives seize or hide the minor children, and the other party applies to the People's Court for a personal safety protection order or applies for an injunction against the infringement of personality rights in accordance with Article 997 of the Civil Code, the People's Court shall support it in accordance with the law.

Article 14 of the Interpretation (II) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China: In divorce proceedings, if both parents demand direct custody of the minor child who is over two years old, if one party has any of the following circumstances, the People's Court shall, in accordance with the principle of the greatest benefit to the minor child, give priority to the other party's direct custody:

(1) Committing domestic violence or mistreating, deserting family members;

(2) Has bad habits such as gambling and drug abuse;

(3) Bigamy, cohabitation with another person, or other serious violations of the duty of conjugal fidelity.

(4) Seizing, hiding minor children, and the other party does not exist the serious infringement of the legitimate rights and interests of minor children as stipulated in item 1 or item 2 of this article;

(Five) Other situations that are unfavorable to the physical and mental health of minor children.

Article 24 of the "Law of the People's Republic of China on the Protection of Minors": When the parents of a minor divorce, they shall properly handle matters concerning 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 (Guangdong Dao Hua Law Firm), ten years specializing in major property marriage and family legal services, divorce inheritance family disputes (mediation/trial) practical experts, one of the influential brands of professional legal services in the Guangdong-Hong Kong-Macau Greater Bay Area [Shenzhen local], and even a benchmark lawyer team for mediation and trial in the renowned cross-border divorce inheritance field.

The Tang Yunhong Law Firm has handled over 1000 cases related to marriage and inheritance, involving tens of billions of yuan in amounts. The firm has extensive successful litigation experience in the fields of dispute resolution for the division of large properties such as listed company equity, Shenzhen small property rights houses, land, and factories, as well as inheritance disputes, will drafting, and family property inheritance. It is particularly skilled in handling cross-border and cross-jurisdictional divorce lawsuits involving property, inheritance lawsuits, and other industry difficult issues. The firm uses localized legal wisdom to overcome various complex family property disputes, winning high praise from clients and industry reputation.

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