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How should the law stipulate the right to visit children after divorce

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How should the law stipulate the right to visit children after divorce


        

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  • 2024-06-25 10:01:49

    According to Article 38 of the Marriage Law, after divorce, the father or mother who does not directly raise their children has the right to visit their children, and the other party has the obligation to assist.
    The way and time of exercising the right of visiting shall be agreed by the parties concerned; If the agreement fails, the people's court shall make a judgment.
    If the parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend their right to visit according to law; After the cause of suspension disappears, the right to visit shall be restored.
    At the same time, according to the judicial interpretation of the Marriage Law
    (1) Article 24 If the effective divorce judgment made by the people's court does not involve the right of visitation and the parties bring a separate lawsuit on the right of visitation, the people's court shall accept it.
    Article 25 If a party requests to suspend the exercise of the visitation right in the process of performing an effective judgment, ruling or mediation statement, the people's court, after consulting both parties, deems it necessary to suspend the exercise of the visitation right, shall make a ruling according to law.
    After the situation of suspension of visitation disappears, the people's court shall notify the party concerned to resume the exercise of visitation right according to its application.
    Article 26: Minor children, parents who directly raise children, and other legal guardians who are responsible for the upbringing and education of minor children have the right to request the people's court to suspend their visitation rights.
    Article 32: The provisions of Article 48 of the Marriage Law on refusal to execute judgments and rulings on visiting children shall be enforced by the people's courts according to law;
    It refers to the compulsory measures such as detention and fine taken against the relevant individuals and units who refuse to assist the other party in exercising the visiting right, and the children's personal and visiting behaviors cannot be enforced.

    I***

    2024-06-25 10:01:49

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