Custody changes

Perpetrators of violence are generally not suitable to care for minors, the court said, noting that parental violence damages the parent-child relationship and harms minors both physically and psychologically, potentially causing fear and anxiety.

"Growing up in a violent environment, young people may learn violent behaviors and are more likely to become perpetrators as adults," it said. "Therefore, for the healthy development of minors, the custody of a caregiver who uses violent discipline should be promptly changed."

It also called on courts nationwide to pay closer attention to the psychological trauma experienced by minors who witness domestic violence.

Another case disclosed by the court involved a man surnamed Ji and a woman surnamed Su who married in Beijing in 2022.

During her pregnancy and postpartum period, Su sought help multiple times from police and the local women's federation office, claiming that Ji used verbal threats against her, as well as threatening her with a knife and hitting her on the head. Police issued a domestic violence warning to Ji.

In April 2023, the couple divorced and agreed that their daughter would be raised by Ji until she turned 4. Six months later, however, when Su visited the child, she found Ji was not properly caring for her, so she took the girl with her.

In August 2024, Ji sought an intervention from the Chaoyang District People's Court to prevent Su from infringing on his guardianship rights over their daughter.

At the same time, Su initiated a lawsuit against Ji, seeking custody of the child and arguing that she had initially consented to Ji having custody in order to expedite their divorce, a decision driven by domestic violence.

Su provided evidence to the court such as WeChat conversation records, audio recordings and the police warning, to prove Ji had committed acts of domestic abuse multiple times during their marriage.

In addition, Su added that Ji's unstable employment, significant debt, lack of a permanent residence, and violent behavior, along with his insufficient income, made him incapable of properly caring for their daughter.

Taking into consideration the child's age, gender, emotional bonds to both parents and living conditions, and the detrimental impact of the father's domestic violence on the child, the court granted custody to the mother.

The top court explained that, according to international standards, cases involving violence against women, including domestic violence, should consider the safety of the victim and the child when determining custody and visitation rights.

"Protecting the physical and mental well-being of children is a global consensus," it said.

"The decision in the Beijing case reflects the firm judicial stance toward damage between family members, and it also helps prevent inter-generational transmission of domestic violence."