Extramarital affair triggers series of disputes with repeated losses; Zhiming lawyer turns the tide to win final appeal.
[Lead Attorney: Zhiming Law Firm]
I. Case Background
Zhang XX, a married man, met Huang XX in 1999 and began a relationship, resulting in the birth of a son, Zhang X Long, in 2001. During their relationship, Zhang XX made substantial payments to Huang XX in the form of property purchases and cash. In the spring of 2004, Zhang XX and Huang XX reached an agreement to place their illegitimate son, Zhang X Long, under Zhang XX's care. Zhang XX brought the child home and entrusted his wife, Duan XX, with his upbringing, which has continued to this day. On May 25, 2009, Zhang XX passed away. Shortly after his death, Huang XX filed a lawsuit in court, requesting the restoration of her custody rights over Zhang X Long and submitted the 2004 spring agreement with Zhang XX. While sorting through Zhang XX's belongings, Duan XX discovered evidence that her late husband had unilaterally disposed of marital property in favor of Huang XX, prompting her to hire a lawyer to file two lawsuits for the return of property (including cash, vehicles, and real estate). Following this, Huang XX filed a lawsuit concerning child custody disputes. This triggered a full-scale outbreak of property and child custody disputes stemming from Zhang XX's extramarital affair. Both the two property return lawsuits, after two trials, and the first-instance child custody dispute case resulted in rulings against Duan XX. With no other options, in May 2010, Duan XX sought help from Zhiming Law Firm in Guangdong. After a meticulous and precise analysis by Zhiming lawyers, Duan XX's confidence grew, and she decided to entrust Zhiming lawyers to help win the case. Consequently, Zhiming lawyers, accompanied by assistant lawyer Cao Guanghui, were retained as her litigation representatives and actively responded to the lawsuits.
II. Won the Second Instance
Because the client only came to our firm to complete the power of attorney procedures three days before the second-instance court hearing, after accepting the commission, our firm's attorney promptly submitted the documents to revoke the previous retained counsel to the first-instance court and urgently contacted the judge to review the case files before the hearing. After reviewing the case files, our firm's attorney conducted a comprehensive analysis of the case and concluded that Huang XX was undoubtedly the biological mother of Zhang X Long. The request for a paternity test proposed by the first-instance attorney could at most serve to delay proceedings and was of no help to the client's claims, so the attorney decisively withdrew the paternity test request previously filed by the prior counsel with the court. Based on the nature of the case as a custody dispute, and adhering to the fundamental principle of facilitating the healthy growth of Zhang X Long, our firm's attorney took into account the specific circumstances that the client had raised Zhang X Long for nearly ten years and that Zhang X Long was willing to continue living with the client. Through evidence gathered from the school, workplace, friends, and other sources, it was demonstrated that continued custody by the client, Duan XX, would be more conducive to the child's education and development. During the second-instance proceedings, our firm's attorney not only provided substantial evidence in support but also requested the court to inquire about the wishes of the child, Zhang X Long, in court, emphasizing that custody by the client would better promote the child's healthy growth, while also pointing out that the dispute over custody was clearly closely related to the inheritance of Zhang XX's estate. In response to the first-instance court's erroneous application of the general provisions on the guardianship rights of biological mothers under Article 16 of the General Principles of the Civil Law and the general provisions on the qualifications of "adopters" and "adopted persons" under the Adoption Law, our firm's attorney argued during court debate that this case was a custody dispute, and custody is not equivalent to guardianship. If the client and Zhang X Long were viewed as two separate individuals, they indeed would not meet the qualifications for "adopter" and "adopted person" under the Adoption Law. However, the relationship between the client and Zhang X Long arose from the client's marriage to her late husband, Zhang XX, and the blood relationship between Zhang XX and Zhang X Long, forming a de facto stepmother-stepson relationship through actual upbringing, and the client's custody of Zhang X Long was expressly consented to in writing by his biological mother, Huang XX. In this case, the client's custody of Zhang X Long not only did not violate the Adoption Law but precisely fell within the special circumstance provided under Article 14 of the Adoption Law, which states that "a stepmother may adopt a stepchild with the consent of the stepchild's biological mother." Thanks to the diligent and lawful efforts of our firm's attorney, the Shenzhen Intermediate People's Court ultimately rendered a ruling in December 2010 overturning the erroneous first-instance judgment, and the client prevailed, allowing her to continue raising her adopted son, Zhang X Long.
III. Reflections on This Case
As a highly professional and responsible lawyer, one must not only possess unwavering perseverance and tenacity in handling cases but also diligently analyze and study case materials, be adept at identifying unique circumstances, and creatively apply the law in conjunction with them. Only in this way can one potentially turn the tide and achieve victory against all odds, safeguarding the client's legal rights in the most efficient manner. Additionally, the client, Mr. Duan, has prepared a silk banner and will personally deliver it to Zhiming Law Firm on the 27th of this month to express gratitude for the lawyers' exceptional skills and professionalism. The banner reads: "Upholding justice with integrity, Zhiming sets an example; with a sword-like spirit and a lute-like heart, a pioneer of the law."
