Chinese Boy, 10, Sues Father for Taking £8,600 Gift Money to Fund Wedding
A 10-year-old boy in China has taken his father to court and won after the man took nearly 80,000 yuan, equivalent to approximately £8,600, from his son's Lunar New Year gift money to pay for his second wedding. The case has captured widespread public attention across China, sparking intense debates on social media regarding parental rights and children's financial autonomy.
Court Rules Monetary Gifts Are Child's Personal Property
The court in Zhengzhou, Henan province, delivered a landmark ruling, stating that monetary gifts given to minors constitute personal property once transferred under China's civil code. The judgment emphasised that parents, acting as legal guardians, are only entitled to manage a child's assets, not to use them for personal expenses.
The court clarified that guardians may only utilise such funds if it is directly in the child's interests, such as for educational purposes, medical needs, or other essential welfare. Using the money for the guardian's personal expenditures, including wedding costs, was deemed a clear infringement of the child's legal rights.
Background of the Financial Dispute
The boy had accumulated the money over several years through traditional Lunar New Year "red envelopes," known as "hongbao," which are gifted to children and elders to bestow good fortune and blessings. The funds were deposited into a bank account managed by his divorced father, with whom the boy was living at the time in Zhengzhou.
Following his father's remarriage, the boy moved in with his mother. It was then discovered that the father had completely emptied the bank account, including all accrued interest, totalling 82,750 yuan. The mother later learned the entire sum had been used to cover the father's wedding expenses.
Failed Negotiations and Legal Action
Repeated attempts by the boy and his mother to recover the money were unsuccessful. The father argued that the gift money had been given by his own relatives and friends over the years and insisted he would return the funds once the child reached adulthood. He also claimed the boy was being unduly influenced by his mother for financial gain.
Faced with this refusal, the boy eventually filed a formal lawsuit against his father to reclaim the money. The court's ruling now obligates the father to repay the full amount to his son.
Broader Cultural and Legal Implications
This case highlights a longstanding cultural debate in China regarding whether parents should hold Lunar New Year gift money for their children or are permitted to use it for family needs. The court's decision sets a significant legal precedent, reinforcing the protection of minors' property rights under Chinese law.
The ruling underscores that parental authority does not extend to appropriating a child's assets for personal use, ensuring that gifts intended for a child's benefit are safeguarded. This judgment is expected to influence future similar disputes and raise public awareness about children's financial rights in familial contexts.
