China (Festland)
Länderinfos
China (Festland)
1. International Family Mediation
Family mediation, in China, is highly encouraged by the State. According to the People’s Mediation Law (2010), agreements drafted on the family mediation session are legally binding as a matter of contract, but the parties should apply to a court within 30 days.
The People’s Mediation Committees on Marriage and Family Disputes prevent and dissolve marriage and family conflicts in provincial, municipal and other levels. There is no list of all People’s Mediation committees in China. Please search for “People’s Mediation Committee on Marriage and Family Disputes” in your region (in Chinese: 婚姻家庭纠纷人民调解委员会). Those Committees are usually set up by three parties namely the Women’s Federation, the Ministry of Civil Affairs and the Ministry of Justice.
There is no structure specialised on international family mediation in China, but International Child Protection (ICP) Service, which is launched by International Social Service Hong Kong Branch (ISS-HK), provides family counselling and mediation service for inter-country families in China. You can contact them directly here for cases between China and your country.
2. International Legal Framework
1) China (Mainland) is not a Party to the 1980 Hague Convention.
The 1980 Hague Convention: a multilateral treaty which provides procedural guidelines on the return of children and their protection in cases of international parental child abduction.
2) China (Mainland) is not a Party to the 1996 Hague Convention.
The 1996 Hague Convention: a multilateral treaty which determines jurisdiction, applicable law, co-operation in respect of parental responsibility and access rights, as well as civil and public measures for the protection or care of children.
You can determine whether countries relevant to your case are Parties, or not, to the 1980 Hague Convention on International Child Abduction and/or the 1996 Hague Convention on Child Protection in order to locate the appropriate central authority. As for the 1980 Hague Convention, you can check whether the Convention is in force between two specific States in the Spreadsheet showing acceptances of accessions to the Child Abduction Convention.
3. Legal and Psycho-Social Expertise and Support
The Department of Legal Aid provides legal aid to low-income families (website is in Chinese). If you wish to take or defend divorce proceedings or to pursue in court the custody of the children, maintenance for yourself and the children, you can find a Legal Aid Office in your region here (website is in Chinese).
International Child Protection (ICP) Service, which is launched by International Social Service Hong Kong Branch (ISS-HK), provides services including international child protection, inter-country family counselling, migration support service, tracing and public education to inter-country families in China. You can contact them directly here.
Women and Children E-Homes set up by the All-China Women's Federation in provincial, municipal and other levels, provide counselling, consultation and urgent financial aid for the family members who are suffering from domestic violence. There is no list of all Women and Children E-Homes in China. Please search for “Women and Children E-Home” in your region (in Chinese: 妇女之家). For example, there are Women and Children E-Homes in Beijing and Guangdong Province (websites are in Chinese).
4. Child Welfare Services
China Charities Aid Foundation for Children (CCAFC) provides financial assistance to the needy children in cases of emergency, living rescue, health care, urgent finances, etc. You can contact them directly here or by their hotline 0086-400-006-9958 (website is in Chinese).
Women and Children E-Home set up by the All-China Women's Federation in provincial, municipal and other levels, provides supporting services to children. The services focus on developing and delivering the relevant intervention, enrichment and support programs to assist the growth and development of the children. There is no list of all Women and Children E-Homes in China. Please search for “Women and Children E-Home” in your region (in Chinese: 妇女之家). For example, there are Women and Children E-Homes in Beijing and Guangdong Province (websites are in Chinese).
International Child Protection (ICP) Service, which is launched by International Social Service Hong Kong Branch (ISS-HK), provides international child protection services, including kinship placement and international family assessment towards child welfare to inter-country families in China. You can contact them directly here.
5. Support to Bi-national Couples, Cross-Cultural and Migrant Families
International Child Protection (ICP) Service, which is launched by International Social Service Hong Kong Branch (ISS-HK), provides services, including international child protection, inter-country family counselling, migration support service, tracing and public education to inter-country families in China. You can contact them directly here.
Foreigner Management Service Stations provides support services for foreigners in different regions of China. The Service Station assists to foreigners’ integration, to foreigners’ accommodation registration and provide assistance and services for foreigners in the community. There is no list of all Foreigner Management Service Stations in China. Please search for “Foreigner Management Service Station” in your region (in Chinese: 外国人管理工作服务站). For example, there is a Foreigner Management Service Station in Dongguan.
Foreign Affair Service Centres in Beijing, Shen Zhen and Shang Hai provides migration support services to the migrants (websites are in Chinese).
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Access to Professionals / Hotlines:
- The website ForeignerCN provides useful information in English about living, working and studying in China.
- The Department of Legal Aid has a hotline “12348” which provides free legal advice (website is in Chinese).
- All-China Women's Federation has a nation-wide hotline “12338” which provides counselling and services to women victims/survivors of domestic violence.
Useful brochures / Documents of reference:
Useful guides for parents concerning mediation practice and child abduction prevention can be found in our Library.