How to handle the situation when a spouse obstructs the right to visit children after divorce?

The right to visit and see children is a fundamental right, even though after a divorce, this right is still protected by laws. In detail:

  • Article 82.3 of the Law on Marriage and Family 2014 provides:

“3. After the divorce, the person who does not directly raise the child has the right and the obligation to visit the child without being obstructed by anyone.”

  • Article 83.2 of the Law on Marriage and Family 2014 provides:

The parent directly raising the child and his/her family members may not obstruct the person not directly raising the child from visiting, caring for, raising, and educating the child.

Thus, the right to visit and see children after a divorce is a fundamental right, and no one has the right to prevent it, except for the following cases: “The parent who does not directly raise children abuses the visitation to obstruct or cause bad influence to the looking after, caring for, raising and educating of children, the person directly raising the child has the right to request the court to limit the visiting rights.”

PENALTIES FOR OBSTRUCTING VISITING RIGHTS.

Article 2.1.d of the Law on Domestic Violence Prevention and Control 2007 provides for acts of domestic violence: “Preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between father, mother, and child; between husband and wife; between siblings.”

Thus, obstructing parents from visiting their children is an act that is considered domestic violence and can be administratively sanctioned with a fine ranging from VND5,000,000 to VND10,000,000 (according to Article 56 of Decree No. 144/2021/ND-CP).

HOW TO HANDLE WHEN A SPOUSE OBSTRUCTS THE RIGHT TO VISIT CHILDREN.

Visiting right during a divorce is a legitimate right of parents and is protected by laws. Therefore, when it is hindered, you can handle the situation by following these steps:

  • You should first find out why your visiting rights are hindered and then come to an agreement with your ex-spouse to come up with an appropriate solution.
  • Ask the local sub-quarter, public security to ensure your visiting rights and/or witness and confirm that you have visited your children but are prevented by the spouses, thereby having the proof for later dispute.
  • Request the Court to consider and change the person directly raising the child after the divorce.

In order to protect the interests of children, the parent is entitled to request a change in child custody. Pursuant to Article 84.2 of the Law on Marriage and Family, the change in person given custody of the child shall be settled when having one of the following grounds:

a) The parent has an agreement on the change of the person directly raising the child in accordance with the interests of the child;

b) The person directly raising the child is no longer eligible to directly look after, care for, raise and educate the child.”

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The article is based on the current legal regulations at the time of writing, and it may no longer be valid or relevant at the time you are reading it due to changes of the law. The article, therefore, is seen as reference only.

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