In China, a woman’s custody battle spotlights challenges facing same-sex couples
- LGBTQ families have no law to cite when faced with situations like custody or divorce, as same-sex marriage is not recognised in China
It’s been more than four years since Zhang Peiyi last saw her son, one of two children from her former marriage.
Denied custody of both kids, Zhang finally settled in June for visitations with her daughter. But after seeing her only once, Zhang’s ex-wife called the meetings off indefinitely. What Zhang thought was the end of a years-long legal battle is facing yet another hurdle, as she has to go through court again to ask them to enforce her visitation rights.
“These types of disputes are not well protected in our country,” said Gao Mingyue, the lawyer representing Zhang. “This is a reminder that we have to be self-sufficient.”
For straight couples – regardless of marriage status – both are recognised as custodians by law. If the two split, the court decides who gets custody based on factors like the parent’s financial resources, the child’s desire and the home environment – operating from the principle of making the best decision for the child.
