No visitation with children after divorce

In today's life, many couples choose to divorce after they cannot live together due to many reasons. If there are children between the two parties, the children will live with one of them. This phenomenon is currently quite common. However, after a divorce, in many cases one party would not allow the other to visit the children, which would cause some psychological harm to the children.

What to do if you are not allowed to visit your children after divorce

1. Visitation rights, also known as the right to meet and interact, refer to the right of the father or mother who does not directly raise the children after divorce to visit, contact, meet, interact, and live together for a short period of time with the minor children. From a legal perspective, visitation rights are a derivative right based on parental rights. As long as the identity relationship exists, visitation rights should be the right of the party who is not the direct guardian.

2. If a judgment, mediation document or divorce agreement stipulates the visitation rights of a child, but in actual implementation, one party or its parents refuse to allow the other party to exercise the visitation rights for various reasons, the party with the visitation rights may communicate and negotiate through the local neighborhood committee. If the negotiation fails, the party may file a tort lawsuit with the People's Court on the premise of collecting relevant evidence.

3. But please note that the court's enforcement will generally only take measures to remove obstacles, and will not take compulsory measures against the child's person.

How to exercise visitation rights after divorce

1. The exercise of child visitation rights refers to the party who indirectly raises the children visiting the children after divorce. The method and schedule of visitation are usually agreed upon by the parents when they divorce. For the healthy growth of children, both parties should negotiate on the issue of visiting their children when divorcing, and make specific and detailed arrangements on the method and time of visiting.

2. If the two parties cannot reach an agreement on child visitation during divorce, the People's Court shall make a ruling on the issue when handling the divorce case. Generally, under the premise of not affecting the children's studies or seriously changing their daily routines, indirect custody can communicate with the children alone for a period of time.

3. If the divorce judgment made by the people's court does not involve the right to visit children, Article 24 of the "Interpretation on Several Issues Concerning the Implementation of the Marriage Law of the People's Republic of China (I)" issued by the Supreme People's Court on December 27, 2001 provides a legal remedy: "If the parties file a separate lawsuit on the issue of visitation rights, the people's court shall accept it."

4. When the party with indirect custody exercises the right of visitation, the party with direct custody of the children has the obligation to assist. If the party who directly raises the child fails to fulfill the obligation to assist in visitation, or takes various measures to prevent the other party from exercising the right to visitation, the party with the right to visitation may realize his or her right to visitation by filing a lawsuit with the People's Court.

5. If a person refuses to execute a judgment or ruling on visiting children, the people's court may take compulsory measures such as detention and fines against individuals and units that have an obligation to assist.

6. In actual implementation, if one party or his or her parents refuse to allow the other party to exercise visitation rights for various reasons, the party enjoying visitation rights may communicate and negotiate through the local neighborhood committee. If the negotiation fails, the party may file a tort lawsuit with the People's Court on the premise of collecting relevant evidence. If you have other questions, you can consult the lawyers of Hualv.com.