This is the story of a grandmother, known as Duan, who has embarked on a legal crusade to claim a childcare fee of 82,500 yuan (US$11,300) from her own daughter and son-in-law, Hu and Zhu, for her dedicated service as the primary caregiver to her grandson for a gruelling five-year stretch.
What makes this tale truly intriguing is the unspoken question: When does the unpaid labour of love cross the threshold into a legal obligation?
Childcare Arrangement
Duan, residing in the city of Guangan, Sichuan province, embarked on a laborious journey in February 2018. She took upon herself the responsibility of caring for her grandson, whose age remains a well-guarded secret. Her daughter and son-in-law, Hu and Zhu, both employed in the bustling city of Chengdu, were unable to dedicate time to their own flesh and blood.
Financial Support and Unmet Promises
While Duan's dedication to her grandchild went without complaint for five years, she eventually felt that she deserved more than just the satisfaction of fulfilling her grandmotherly duties. It is worth noting that throughout this period, Hu and Zhu did provide some financial support. They sent Duan a monthly stipend of 1,000 yuan (equivalent to approximately US$135) along with an additional childcare fee of 2,000 yuan.
However, after half a decade of childcare and with the demands of life mounting, Duan decided to take legal action. She approached her daughter and son-in-law with a demand for $26,000 as compensation for her extended caregiving role. Hu, recognising her mother's sacrifice, agreed to pay her 50,000 yuan (approximately US$6,800) and a formal agreement was signed to that effect, as reported by media outlets.
Legal Proceedings and Court Decision
Despite the agreement, Hu did not fulfil her promise to pay the agreed amount, even after numerous reminders from her mother. Frustrated and left with no other recourse, Duan resorted to suing her daughter and son-in-law. The court acknowledged that while Duan did not have a legal obligation to care for her grandson, she was entitled to receive a childcare fee from the couple.
However, the court deemed the initially demanded sum of $26,000 as excessive and decided to revise it to 82,500 yuan, reflecting the magnitude of her caregiving efforts. In response to these developments, Zhu, one of the defendants, stated that Duan had initiated the lawsuit due to his involvement in an ongoing divorce dispute.
Public Opinion
This intriguing legal battle has sparked widespread discussion on Chinese social media platforms, with many voices expressing support for Duan's determination to secure proper childcare compensation. Social media users have lauded her for taking a stand, with one commentator stating, "The compensation she requests is right." Another user emphasised her wisdom, suggesting that her primary motivation was to protect and advocate for her daughter's well-being.
The Role of Grandparents in Chinese Childcare
China's unique childcare model has played a significant role in supporting women's careers. A remarkable 51 percent of senior management positions in China are held by women, a contrast to 20 percent in the United States. This difference underscores the impact of family support on women's professional advancement. China's tradition of multi-generational households and early retirement ages make grandparent involvement in childcare practical and appealing.
However, challenges like health concerns and generational conflicts have arisen within this system. To address these issues, 'grandparent schools' and counselling services have emerged, reflecting the evolving landscape of childcare in China.
A Call for Systemic Change
China's ageing population necessitates a reevaluation of its elderly care strategy. Relying on children and grandparents for caregiving must be supplemented with robust support systems, including professional caregivers and retirement homes. This shift is crucial for the well-being of both the elderly and the younger generations.
Establishing 'schools' is undoubtedly a significant step, but it's equally important to demonstrate appreciation and sensitivity towards the elderly family members who willingly assume the responsibility of caring for children in their parents' absence. We should accord them the respect they deserve and provide the necessary resources to support them in fulfilling this vital caregiving role
The case of Duan's legal battle against her own daughter and son-in-law over childcare compensation serves as a reflection of recognising and respecting the contributions of grandparents in childcare arrangements and highlights the role of the legal system in safeguarding the rights and interests of all parties involved.
Suggested reading: China's Silent Crisis: Repression Of Women, Children Unveiled At UNHRC
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