A court in Zhengzhou, Henan province, has ordered a father to return 82,750 yuan (including principal and interest) to his 10-year-old son, Xiao Hui, after ruling that the father illegally withdrew the boy's lucky money. The court determined that the lucky money was Xiao Hui's personal property and that his father, as guardian, violated the child's legitimate property rights by unilaterally withdrawing and appropriating the funds. The incident came to light after Xiao Hui, who had been living with his father since his parents' divorce two years ago, discovered his savings, accumulated over years, were gone.

Xiao Hui's father had opened a bank account for him, where over 80,000 yuan in lucky money had been deposited. Following his father's remarriage, Xiao Hui moved to live with his mother. It was then that his mother discovered her ex-husband had withdrawn the entire sum, including interest, from their son's account without consent, using the money to finance his wedding to his new wife. When Xiao Hui confronted his father and demanded the money back, the father refused.

The father asserted that the lucky money was New Year's gifts from his own relatives and friends, claiming there was an agreement to return the funds to Xiao Hui once he reached adulthood. When Xiao Hui filed the lawsuit, his father argued that his son's legal action was instigated by his ex-wife.

Legally, lucky money is considered a gift, and its ownership belongs to the child. Even in cases of parental divorce, neither parent has the right to claim a share of their child's lucky money.

Minors must possess the appropriate legal capacity to manage and dispose of their property. Children under 8 years old cannot use lucky money independently. However, children aged 8 and above may use lucky money to purchase school supplies, toys, and participate in activities suitable for their age and intellectual development.

Minors are not permitted to use lucky money for online games or to tip live streamers without guardian consent. Should a guardian discover a minor spending money inappropriately for their age and intellect through these means, they can seek a refund from the internet service provider. As legal guardians, parents have a legal obligation to protect the property of their minor children. While they can help safeguard lucky money, they do not have the right to confiscate or use it arbitrarily for personal purposes, which would harm the property rights of the ward.

Tue Anh (according to Qilu Evening News, SZTV)