Is it illegal for parents to take money from their children?

Whether it is illegal for parents to take their children's money needs to be judged according to specific circumstances.

As legal guardians, parents have the right to keep property on behalf of their children. However, this right is not unlimited and must be in the best interests of children. It is illegal for parents to use their children's money for personal affairs, such as paying debts or giving gifts, without their children's consent. For children over 8 years old, parents' consent should be obtained before using their property; Parents of children under 8 years old have no right to use their property for personal consumption. Whether parents violate the law depends on whether they abuse custody, whether they have not obtained the consent of their children, and whether the purpose of using it is for the benefit of their children.

Legal protection of children's rights and interests;

1. Protection of minors' property in the Civil Code: it is stipulated that minors' property shall be kept, used and disposed of by their legal representatives, but the interests of minors must be the premise;

2. Legal obligations of guardians: guardians have the obligation to protect the legitimate property rights and interests of minors and shall not occupy or abuse them;

3. Sources of property of minors: including but not limited to parents' gifts, inheritance, labor income, etc. ;

4. restrictions on the use of minors' property: guardians must use minors' property in line with the interests of minors and must not arbitrarily misappropriate it;

5. Legal consequences of violating guardianship duties: guardians may face legal responsibilities, including civil compensation and criminal responsibility, for abusing their powers and encroaching on minors' property.

To sum up, whether it is illegal for parents to take their children's money depends on whether the legal storage period has been exceeded, whether the children's consent has not been obtained (for children over 8 years old), and whether the purpose of using the children's property is really in the best interests of the children. If it is used for personal consumption, it is improper.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 34

The duty of the guardian is to carry out civil legal acts on behalf of the ward and protect the personal rights, property rights and other legitimate rights and interests of the ward. The right of guardians to perform their guardianship duties according to law is protected by law. If a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear legal responsibility. Due to emergencies such as emergencies, the guardian is temporarily unable to perform his guardianship duties and the life of the ward is neglected. The residents' committee, villagers' committee or civil affairs department of the ward's domicile shall arrange necessary temporary living care measures for the ward.

Article 35

A guardian shall perform his guardianship duties in accordance with the principle of being most beneficial to the ward. In addition to safeguarding the interests of the ward, the guardian shall not dispose of the ward's property. When performing guardianship duties, guardians of minors should respect the true wishes of the ward according to the age and intellectual status of the ward when making decisions involving the interests of the ward. When performing guardianship duties, adult guardians should respect the true wishes of the ward to the maximum extent, and guarantee and assist the ward to carry out civil legal acts that are suitable for his intellectual and mental health. The guardian shall not interfere with the affairs that the ward has the ability to handle independently.