Source:
https://scmp.com/news/china/society/article/2186380/chinese-boy-10-sues-father-return-his-lucky-lunar-new-year-money
China/ People & Culture

Chinese boy, 10, sues father for return of his lucky Lunar New Year money

  • Court orders father to repay his son’s red packet money with interest
  • Child has rights over his own bank account, judge rules
Red packets of lucky money are traditionally given to children in China at Lunar New Year. Photo: Handout

A 10-year-old Chinese boy has successfully sued his father for the return of his lucky money.

It is a Lunar New Year tradition in China to give children money in red packets, known as hongbao. But when the unnamed child’s father, surnamed Su, withdrew the saved funds from the bank – with interest – his son took him to court.

The case was heard in the Baiyun District Court in Guangdong province, southern China, which recently ordered Su to return the money to his son.

According to a summary of the case published by the court on Weibo, China’s microblogging platform, Su had deposited 3,000 yuan (US$440) into the child’s bank account between February 2014 and March 2015. The money had been given to the boy in red packets.

In March 2016, Su withdrew the entire amount, together with interest of 45 yuan, without his son’s permission.

According to the court’s post, the boy lived with Su until his mother, surnamed Huang, applied for custody in December 2015, which was granted in April the following year.

During the case, Su accused the boy’s mother of abusing the child’s ignorance and misleading him into suing.

Su claimed the money was given to the child by his friends and relatives who were unrelated to the mother. He also said he had promised his son to return the money, together with the interest, when he grew up.

The judge ruled the child had rights over the savings in his own bank account and ordered the father to return the full amount of 3,045 yuan to his son.

The case received a mixed reaction on Weibo, with some commenters supporting the child’s action while others were critical.

“As parents, you should set a good example. No one has the right to take away others’ things without their permission,” one wrote.

“This is too much. Without family and parents, you are just an individual in society. Who would give a stranger red packets if you are not related to anyone?” another wrote.

A Chinese child has sued his father for the return of his lucky money, given at Lunar New Year in red packets. Photo: Weibo.
A Chinese child has sued his father for the return of his lucky money, given at Lunar New Year in red packets. Photo: Weibo.

This is not the first time a child has sued parents over red packets.

In July 2014, an 11-year-old boy sued his 78-year-old grandmother for taking away 45,000 yuan in red packet money after he moved in with his mother upon his parent’s divorce, according to Jinan Intermediate People's Court.

And in 2012, a mother from Wenzhou in Zhejiang province, eastern China, who took away 560,000 yuan in red packet money from three of her children, was sued by her husband and the children after seeking a divorce, the court wrote.