当前,由于国家计划生育政策的贯彻执行,生育独生子女的日益增多,因此,当法院在处理离婚案件时,不可避免地要遇到子女抚养义务的确认以及判决的执行。主要出现两种情况:一种是在法院判决前,当事人一方知道判决结果可能对己不利,采取先下手为强的办法,将孩子抢走,转移至别处。另一种是在法院就子女抚养作出判决后,将孩子抢走,骗走或偷抱藏匿起来。因此,造成法院无法及时判决,案件久拖不决和造成判决后无法执行,致使当事人对法院抱怨,并且影响到子女的抚养教育和监护,甚至造成矛盾激化。 笔者认为这个问题之所以得不到切实解决,除了当事人自身的原因外,也是因为立法中对此规定不够明确,使人民法院审判人员和执行人员无章可循,笔者之见,拟从以下作法为要: At present, due to the implementation of the national family planning policy and the growing number of only children born of one child, the court will inevitably face the confirmation of the child support obligation and the execution of the verdict when handling divorce cases. There are mainly two situations: one is that prior to the court's decision, one of the parties knew that the verdict might have been unfavorable to itself and that it should take a first-to-nothing approach to snatching away the child and relocating elsewhere. The other is to take away the children after they are adjudged by the court on the upbringing of their children and cheat or hide them. As a result, the courts can not make timely judgments, and the cases can not be implemented after long delays and judgments. As a result, the parties complain to the courts and affect their children's upbringing education and guardianship and even intensify their conflicts. The author believes that the reason why this problem can not be effectively solved is that besides the reasons for the parties themselves, but also because the provisions in the legislation are not clear enough to make the people's court adjudicators and executives absent, the author's opinion, it is proposed from the following practice To: