"Emotional Harm to Minor Children...
Wife's Custody is in the Best Interest of the Children"
A story has emerged about a husband who secretly took their 7-year-old son abroad after his wife demanded a divorce due to his verbal and physical abuse.
A passenger plane is taking off vigorously with the red sun at Incheon International Airport. Photo by Jinhyung Kang aymsdream@
On the 11th, on YTN Radio's 'Attorney Jo In-seop's Counseling Center,' wife A, who demanded a divorce due to her husband's violence, shared her concerns about the possibility of divorce and child custody. A said that her husband was usually kind but would curse and throw punches whenever he was in a bad mood. She said that even when she left the house to escape him, she believed, "He must be a good person at heart, so he will change as he gets older."
However, after 10 years of marriage, A decided to divorce as her husband continued to verbally and physically abuse her. Then, her husband took their 7-year-old son and left the house, saying things would never go the way A wanted. A tried several times to find her son but was unable to meet him. Later, she heard that her husband had gone abroad for training with his mother-in-law and their son. A lamented, "I didn't know exactly where they lived, so I couldn't go find them," adding, "A year passed like that, and during that time, I was barely surviving."
One day, A learned that her husband and mother-in-law had returned to Korea, so she canceled the divorce lawsuit as her husband requested in order to see her child. The problem is that even after that, her husband has been making all sorts of excuses and refusing to let A see their child. A said, "I can't endure this anymore, so I want to file for divorce again," and asked, "I heard that once you withdraw a lawsuit, you can't file for divorce again. Is that really true?" She also asked about child custody. She said, "While I was working at my company, my mother-in-law took care of the child and is still practically the main caregiver. Can I regain custody of my child?" She added, "If I lose custody, I will have to pay child support, but since I am working on a contract basis, I can't promise anything about a year from now. After child support is set, can I request a reduction later?"
Attorney Kim Miru of Shinsegae Law Firm first responded, "A can file for divorce again." Kim explained, "The principle of prohibition of re-litigation applies when a lawsuit is withdrawn after a first-instance judgment to prevent abuse of the judicial process or manipulation of final judgments. However, if the lawsuit is withdrawn during the first-instance proceedings before a judgment is made, it can be refiled at any time." He added, "Even if the lawsuit was withdrawn after the first-instance judgment, if new grounds for divorce arise that were not previously claimed, a new lawsuit can be filed." He further noted, "A's husband is not making efforts to restore the marital relationship. Above all, he is keeping their young child away from A and blocking contact. Given the past violence and verbal abuse, A's decision to divorce seems reasonable."
Regarding custody, he said, "The court appoints the custodial parent in a way that does not cause significant changes to the child's living environment," but added, "In A's case, the husband took the child abroad and prevented contact for over a year. Since the husband is unlikely to cooperate with joint custody or visitation, it seems more suitable for the child's welfare that A continues to raise the child rather than maintaining the current custody situation." He continued, "If A becomes the non-custodial parent, child support will be set according to current standards. If circumstances change later, a separate lawsuit for reduction of child support can be filed. However, family courts are strict about reducing child support. A reduction is possible only if A's income drastically decreases to the point where even basic living is difficult."
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