The ever-increasing divorce rate has increased the number of cases of access disputes. How to get along with their children better after divorce, and how parents can better handle their children s visiting rights are not only a social topic, but also a legal issue. Today, the editor of Hualu.com compiled some relevant knowledge about visiting rights, hoping to help everyone.
Article 38 of the Marriage Law of the People s Republic of China: After divorce, the father or mother who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist. The manner and time of exercising the right to visit are agreed by the parties; agreement In the event of a failure, the people s court will decide. If the father or mother visits the children and is not conducive to the physical and mental health of the children, the people s court shall suspend the right to visit in accordance with the law; the right to visit shall be restored after the cause of the suspension has disappeared.
After the couple divorced, the parent-child relationship still exists. The right to visit a child cannot be deprived of by not raising him directly. Moreover, children need the love of their parents. Only the love of one side is incomplete love, and the visit of the other side can greatly reduce the harm to the children caused by the divorce of the couple. A child-raising party should consult with the other party to allow the other party to meet with the child at an appropriate time and provide appropriate facilities for their meeting. As for the number, place, and length of meetings, which are generally negotiated by the two parties, if the negotiation fails, the people s court shall make a judgment on the method, number, place, and transfer of the right of visit in accordance with the principles that are beneficial to the physical and mental health of the children and the learning and living.
(2) The right to visit is not involved in the effective divorce judgment made by the people s court. If the parties file a separate lawsuit on the right of visit, the people s court shall accept it.
(2) If the party requests to exercise the right of visit to the last adult child over ten years of age, the people s court shall solicit the opinion of the minor child and make a judgment based on other actual circumstances.
The man or woman who directly raises the child refuses to perform the effective judgment or mediation letter concerning the right of visit. If the other party applies for enforcement, the people s court shall educate the party that fails to perform its obligations and order it to perform its obligations. If an order is still not fulfilled, coercive measures such as fines and detention may be taken, and the other party may also sue for a change in the maintenance relationship.
For the children who do not accept visits, the people s court should do a good job of the applicant s ideological work, and wait for the children to resolve their concerns before implementing. Enforcement of the child s person is prohibited.
If an uncle or mother visits their children, which is not conducive to their physical and mental health, the people s court shall suspend the right to visit in accordance with the law. Unfavorable to children s physical and mental health mainly refers to the following situations:
Minor children, the parent or mother who directly raises the children, and other legal guardians who are responsible for the upbringing and education of the minor children have the right to request the people s court to suspend the right of visit.