In the name of social stability, judges make it tough for wives to end bad marriages
If called as witnesses, the couple’s children would have little reason to defend their father. The 16-year-old son is a migrant labourer—his father refused to pay for vocational training that might have helped the boy into better work. The ten-year-old daughter is scared to hear her father’s name. Though safe in her mother’s home village, she cannot start middle school this September unless her father hands over the family’s household-registration book, or, which is needed to enroll her.
These studies show how sexism seeps into the work of Chinese divorce courts like a poison in the soil or a miasma in the air. The trouble starts before a judge has even opened a case file. Chinese judges earn promotions by handling cases quickly and for avoiding complaints and appeals. They are rewarded for pressing plaintiffs to withdraw divorce suits and try once more to patch up their marriages. That is one way to respond to Chinese leaders’ angst about soaring divorce rates. In 2019 4.
A woman who moves to her husband’s rural family home is especially vulnerable, Ms Li finds. Typically she would need to seek divorce in her husband’s local court. Often his relatives and neighbours, as well as police officers, decline to testify against a person they see as one of their own. Partly as a result, restraining orders against violent husbands remain vanishingly rare.
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