"After divorce, the parent who does not directly raise the child has the right to visit the child, and the other party has the obligation to help.
the way and time of exercising the right of visiting shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment. "
According to the law, the parties can negotiate the visiting rights when divorcing, and after reaching an agreement on the specific visiting time and way, they can write it into the divorce agreement or reach another agreement. However, in judicial practice, there are also many ex-wives or ex-husbands who directly raise their children to shirk and refuse to let their children visit for various reasons. As a father or mother, the other party can take up legal weapons to safeguard their legitimate rights and interests.
"the Supreme People's Court on the application of <: People's Republic of China * * *, National Marriage Law > Article 24 of the Interpretation of Several Issues (I) stipulates:
"If the effective divorce judgment made by the people's court does not involve the issue of visiting rights, if the parties file a separate lawsuit on the issue of visiting rights, the people's court shall accept it. The people's court shall accept it. "
if the other party still refuses to assist in exercising the visiting right after the court makes an effective judgment concerning the visiting right, it may apply for compulsory execution. Interpretation (1) Article 32 stipulates:
"The stipulation in Article 48 of the Marriage Law that the people's court will enforce the refusal to execute judgments and orders such as visiting children means that compulsory measures such as detention and fines are taken against the individuals and units concerned who refuse to execute the judgments and orders, and the individuals and units concerned who refuse to perform the obligation of assisting the other party to exercise visiting rights, as well as the personal and visiting behavior of the children, cannot be enforced."
Lawyer Yang Zhizheng suggested that if the father or mother does not directly raise their children, then of course they have the right to visit them. When the other party fails to perform the obligation of assisting him to visit his children, the parties have the right to file a lawsuit or apply for enforcement of the judgment or ruling on the relevant facts. Divorce does not mean the disappearance of parent-child relationship, and the party who does not directly raise the children needs to give them a certain amount of living expenses on a regular basis, that is, alimony. We have encountered such legal advice, and many parties choose to refuse to pay child support because the other party does not allow them to visit their children. However, refusing to pay child support may have an impact on children's lives. In addition, child support and visitation right are two different legal concepts. One party shall not prevent the other party from visiting children because it does not pay child support, nor shall it fail to pay child support because the other party is not allowed to visit children. If the party who is not directly raising the child does not pay the child support, the other party has the right to bring a lawsuit to the court; If the parent who directly raises the child does not allow the other parent to visit the child, he can also bring a lawsuit to the court and ask the other parent to fulfill the obligation of assisting in visiting. It is suggested to consult a professional lawyer when encountering specific problems of visiting rights, and the lawyer will apply for visiting rights for the parties or directly take back the custody rights according to specific demands and facts.
the picture comes from the internet.