User consultation:
Can a child who doesn't want to see his father after divorce terminate the man's visiting rights?
Lawyer Meng of Jiangsu Night's Watch Law Firm replied:
Visiting right is the legal right of parents without guardians. Usually, parents without guardians will be deprived of the right to visit only when the court considers that the visit will seriously endanger the child's physical, mental, moral or emotional health.
Lawyer Meng analysis:
How to fight for visiting rights in divorce
Exercise the right to visit-through consultation, if consultation fails, the court cannot make a judgment.
According to Article 38 of China's Marriage Law: "After divorce, the party who does not directly raise the children has the right to visit the children, and the other party has the obligation to help. The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment.
Circumstances in which the court may suspend the right to visit:
If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the right to visit according to law; After the reasons for suspension disappear, the right to visit should be restored. "
The court may terminate the right to visit in the following circumstances:
After divorce, the spouse who does not directly raise the children has the right to visit the children, and the other spouse has the obligation to help. The way and time of exercising visiting rights shall be negotiated by the parties concerned. If negotiation fails, the people's court shall make a judgment. If one party visits a child and endangers the physical and mental health of the child, the people's court may terminate the right to visit.
In order to win the right to visit, we should clearly stipulate the relevant issues of the right to visit-time, place, etc.
At the time of divorce, both husband and wife should agree on the time, way and place for their children to exercise visiting rights. Starting from the specific situation, measuring the living conditions of the parties and mediating a relatively suitable time and place will neither affect the healthy growth of children nor affect the later life of divorced men and women. Therefore, in the divorce agreement, we should pay attention to visiting rights. If it is simply stated in the divorce agreement that the child is raised by a certain party, there is not much clear agreement on the time, place and method of visiting, which will lead to disputes after divorce and require further confirmation by the court, which will increase the economic cost and time cost of the parties.
Meng lawyer added:
What if the child refuses to visit?
In the process of exercising the right of visiting, sometimes children refuse to visit or one party refuses to let them visit their children. In this case, it should be treated differently according to different situations.
If the child is instigated, seduced or threatened, it means that he doesn't want to be visited.
The people's court shall continue to carry out the execution if the party directly raising the child or his family instigates, lures or threatens to refuse to accept the visit. At this time, the judge can criticize and educate the parents who are directly raising their children according to the specific circumstances of the case, and if necessary, he can take compulsory measures such as fines and detention, and order them to correct their wrong behavior.
Children's age judgment and practical discrimination ability
According to the child's specific age and actual discrimination ability, correctly judge the real reason why the child refuses to visit his parents, and then prescribe the right medicine and deal with it according to law. If the child has the ability to judge, it should be suspended and cannot be enforced.
Do a good job in children's ideological work
The judge ordered the parent who directly raised the child to cooperate with the judge to educate the child in order to persuade the child to agree and accept the visit of the other parent.
Lawyer Meng concluded:
We can know from the article that if the child is instigated, lured or threatened by the party directly raising the child or his family, the people's court should continue to enforce it. At this time, the judge can criticize and educate the parents who are directly raising their children according to the specific circumstances of the case, and if necessary, he can take compulsory measures such as fines and detention, and order them to correct their wrong behavior.