In South Korea, a couple struggling with differing political views and lifestyle habits has seen their marriage spiral into separation, financial disputes, and a bitter divorce lawsuit — culminating in a shocking custody scare.
According to reports from YTN and coverage on the show Lawyer Cho In-seop’s Consultation Room, the woman, identified as A, had been a full-time housewife caring for their two sons. Despite their ongoing disagreements, she never restricted the father’s access to the children during the divorce proceedings.
However, as the divorce case neared its conclusion, A’s husband suddenly announced plans to take the children on a trip — and then failed to return them at the agreed time. Multiple requests from A were ignored, with the husband claiming, “The children want to stay with their father.” A was left in distress, unable to locate her husband or retrieve the children herself.
A turned to the courts, and a judge officially granted her custody and parental rights. Yet her husband continued to defy the ruling, filing an appeal and giving the children unrestricted access to games and leisure activities, making them feel more attached to him. A feared her sons might insist on living with their father permanently.
Attorney Woo Jin-rae explained that even if A had been the primary caregiver, she cannot forcibly retrieve the children. Legal action must be taken through the court via a “Delivery of Minor Children Order.” If granted custody in the divorce ruling, A should request the court to include a “provisional enforcement” clause to ensure the children are handed over to the custodial parent.
Previously, if children explicitly resisted, Korean law prohibited authorities from forcibly taking them. However, the Supreme Court has recently revised this rule, requiring compliance with custody orders even against a child’s expressed wishes. The attorney cautions that a non-custodial parent who abducts a minor and refuses to return them may not only fail to gain custody but could also face criminal charges for obstructing enforcement.
This case highlights the complexities of custody battles in South Korea, showing how legal enforcement is crucial when parental disputes put children’s well-being at risk.
