A Chinese court ordered a father to return 82,750 yuan in Lunar New Year 'lucky money' he took from his 10-year-old son's bank account to pay for his wedding. The ruling clarifies that such gifts are the child's legal property, and parents cannot spend it for personal use.
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A Chinese father who took over 80,000 yuan (US$11,500) in Chinese New Year red envelope money from his 10-year-old son to pay for his own second wedding has lost a lawsuit and been ordered to return every penny.
The boy, known as Xiaohui, is from Zhengzhou, Henan province. He has been living with his father since his parents divorced two years ago.
Over the years, Xiaohui had saved more than 80,000 yuan in New Year "lucky money", which his father deposited into a bank account opened in the boy's name.
After the father remarried, Xiaohui went to live with his mother.She later discovered that the father had withdrawn all 82,750 yuan — including principal and interest — without Xiaohui's permission, and used the money for his wedding expenses.
When Xiaohui asked for the money back, his father refused.He argued that the red envelopes had come from relatives and friends in his own social circle, and that the money should only be returned when the boy reached adulthood.
With no other options, Xiaohui sued his father.The father even claimed that the lawsuit had been instigated by the boy's mother.
During the hearing, the court ruled that the red envelope money was a gift and legally belonged to Xiaohui as his personal property.
Even as the legal guardian, the father had violated the child's property rights by withdrawing and spending the money without consent.
The court finally ordered the father to return the full sum of 82,750 yuan, including interest.
In China, children — and even unmarried adults — traditionally receive red envelopes filled with cash during the Lunar New Year as a symbol of good fortune.However, parents often keep the money for various reasons, such as balancing gifts given to other families or stopping children from overspending.
Under the Civil Code of the People's Republic of China, New Year lucky money is classified as a gift and legally belongs to the child.
Children under 8 cannot independently use their lucky money, while those over 8 may spend it on age-appropriate items such as stationery and small toys.
As legal guardians, parents have a duty to protect and manage their children's property in the child's best interests.But they do not have the right to take or spend it for their own personal use.
The father's actions have been widely condemned on Chinese social media.
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Editor: Crystal H
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