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Does the agreement of giving up the right to visit in the divorce agreement have legal effect

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Does the agreement of giving up the right to visit in the divorce agreement have legal effect


        

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  • 2024-06-26 08:00:50

    1. The relationship between parents and children does not disappear because of the divorce of parents. After divorce, whether the children are directly raised by the father or mother, or the children of both parents, the father or mother who does not directly raise the children after divorce has the right to visit the children, and the other party has the obligation to assist
    2. Even if there is an agreement in the divorce agreement to give up the right to visit, the party directly raising the children cannot refuse to perform the obligation of assisting in visiting on this ground
    3. If the father or mother visits a child, which is not conducive to the child's physical and mental health, the minor child, the father or mother who directly raises the child, and other legal guardians who are responsible for the upbringing and education of the minor child have the right to request the people's court to suspend the right to visit
    4. After the cause of suspension disappears, the right to visit shall be restored
    2、 Does it constitute marital rape? If during the marriage period, the husband uses violence, coercion or other means to force sexual relations with his wife against her will, does it constitute "marital rape"? If it is a fake marriage
    1. At present, "marital rape" is not clearly stipulated in China's laws;
    2. The mainstream view on the issue of "marital rape" in China's criminal law theorists is "no rape in marriage";
    3. In judicial practice, if the husband forcibly has sexual relations with his wife against her will by violence, coercion or other means during the divorce proceedings, "marital rape" can be applied, which constitutes a crime;
    4. False marriage is not a legal marriage. The man uses violence, coercion or other means to force sexual relations with the woman against her will, which constitutes rape

    Cai***

    2024-06-26 08:00:50

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