北京海淀法院少年法庭副庭长张莹在一起变更抚养权案件中发现，孩子的真实心声往往被隐藏在表面答案之下。案件中的女孩小雪先是说选爸爸，但在与张莹的单独谈话中哭着表示真实想法是选妈妈，原因是害怕爸爸的威胁[1]。为了帮助小雪表达真实意愿，张莹与她约定了心声暗号识别机制来验证证据的真伪，二审法官随后通过这个暗号维持了原判[1]。
张莹在办案后撰写的手记中反思了这一经历的深层含义[1]。她指出，法律可以判决抚养权，但无法强行注入"以子女利益为先"的思维模式[1]。在另一起案件中，因被前夫禁止探望孩子的母亲，通过社工的发现得知孩子曾趁父亲上厕所的空隙悄悄说出："我特别特别想妈妈"[1]。这些细节表明，孩子在离异家庭中面临的压力往往使他们无法坦诚表达真实想法。张莹在手记中写道："每一个来到少年法庭的孩子，都值得被俯身倾听"[1]。
海淀法院少年法庭成立于20世纪80年代，自2013年起开始审理涉及未成年人的民事案件[1]。通过细致倾听和创新工作方法，该庭正在努力保护家庭纠纷中孩子的真实权益。
In a custody modification case heard at Beijing Haidian District Court's Juvenile Division, Judge Zhang Ying discovered that a child's true wishes often remain hidden beneath surface statements. [1] The girl, referred to as Xiaoxue, initially stated she wanted to live with her father, but during a private conversation, she broke down and revealed her genuine desire was to stay with her mother—driven by fear of her father's threats. [1]
Recognizing the conflict between Xiaoxue's public and private statements, Zhang Ying employed a distinctive approach: she established a secret code with the child to verify truthfulness in subsequent proceedings. [1] During the second-instance review, the appellate judge used this agreed-upon signal to validate the girl's real preference, ultimately upholding the original decision for her to live with her mother. [1] In another case involving a girl named Xiaobei, social workers discovered the child's true longing when, while her father was momentarily away, she whispered urgently: "I really, really miss my mom," despite the father's prohibition on maternal contact. [1]
Reflecting on these cases, Zhang Ying wrote in her case note: "Every child who comes to the juvenile court deserves to be heard with genuine attention." [1] She observed a fundamental tension in family law: while courts can issue custody orders, they cannot mandate that parents prioritize their children's interests above all else. [1] The Haidian District Court's Juvenile Division, established in the 1980s, began adjudicating civil cases involving minors in 2013, serving as a venue where such delicate human dynamics intersect with legal determinations. [1]
