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After the divorce of the husband and wife, the child is raised directly by the mother, and the father can visit the child by the agreement of the parties and the provisions of the court decision. Care and education for children and care for them in life. After a divorce, is it illegal for an ex-wife to refuse her ex-husband to visit her children?
Not only is she not allowed to visit, but she doesn't even know the whereabouts of her children, is her ex-wife legally responsible in this case? What are the laws of our country regarding visitation rights? Article 38 of the Marriage Law provides:
After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties, and if an agreement is not reached, the people's court is to make a judgment. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.
After the divorce, the ex-wife refuses to allow the ex-husband to visit the children, and the father can sue the court after the negotiation fails.
2. Characteristics of visitation rights.
1) The subject of the right of visitation is the parent who does not directly raise the children after the divorce, and the subject of the obligation of the right of visitation is the party who directly raises the children after the divorce.
(ii) The right of visitation is a legal obligation of the father or mother to the child after divorce.
c) The right of visitation arises after the divorce.
4) The exercise of visitation rights must be there; Good for your child's health.
3. After the divorce, what should I do if my ex-wife refuses her ex-husband to visit the children?
When parents divorce, the child is the biggest victim, regardless of whether the child belongs to the father or the mother, the parent who does not directly raise the child has the right and obligation to visit the child and care for the child. After the divorce, what should I do if my ex-wife refuses to allow her ex-husband to visit the children? According to the foregoing, the ex-wife has no right to refuse access to the child from the father.
According to article 38 of the Marriage Act, it is a provision for fathers or current visits to children after divorce. According to the characteristics of the right to visitation, as long as the father or mother visits the child, there is no harm to the healthy development of the child, and there is no right to prevent the visitation. To sum up, it is not reasonable for the husband and wife to divorce and the ex-wife to refuse her father to visit the children.
4. After the divorce, if the ex-wife refuses to allow her ex-husband to visit the children, she may file a lawsuit with the court.
The couple divorced, the ex-wife hid the children, and the ex-wife refused to allow her father to visit the children. This is not right. The father may exercise his visitation rights.
The exercise of child visitation rights refers to the visit of the child by the party who indirectly supports the child after the divorce. The manner and timing of the visitation are generally agreed upon by the parents at the time of divorce. If both parties agree, the parent who is indirectly raising the child exercises visitation rights according to the agreement.
If no agreement is reached or after an agreement is reached, the ex-wife hides the child and refuses the father access to the child, the father may file a separate lawsuit with the court for custody visitation, and the people's court shall accept it.
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No. You have no right to deprive him of his responsibilities and obligations as a father.
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Article 1086 of the Civil Code of the People's Republic of China: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment. Where the father or the mother of the person who talks about the stool argues that there is no hope for the child, which is not conducive to the child's physical and mental health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
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It is legal for the ex-husband to visit the child if there is an agreement to temporarily take the child away, and if the agreement between the parties on visitation rights is violated, the other party can sue the court. The method and time of exercising the right to visit the bureau shall be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.
[Legal basis].
Article 1086 of the Civil Code.
After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist.
The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement fails, the people's court shall make a decision.
Where a parent visits a child and it is not conducive to the child's physical and mental health, the people's court is to stop the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
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Summary. There must be doubts about the child's psychology. You can't be with your child all the time, if you don't know it. The biological father went to see the child. told him that he was his biological father. This will be a bigger blow to the child and will also have a negative impact on you.
The child has never met the biological father, how can he refuse to be visited by his ex-husband.
Hello, I am inquiring for you, please wait a while, I will reply to you immediately If he affects your normal life, otherwise you can't stop him from visiting the child, of course, in order to give your child a good human outlook, don't deliberately show that you don't let his father come to see him, unless, the child himself doesn't like his father, otherwise your burning skin blocking liquid will be counterproductive.
If the child does not know that he has a biological father, it will have an impact on the child's mental health, can he refuse?
There must be doubts about the child's psychology. You can't always be with your child, if Sakura goes down early without your knowledge. The biological father went to see the child. told him that he was his biological father. This will be a bigger blow to the wheel kid and will also have a negative impact on you.
Single families have a bit of an impact, but mainly in education,
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One, can an ex-wife refuse to come to the house to visit the children? An ex-wife cannot refuse to visit the children at home. Visitation rights refer to the right of parents to visit their children, that is, the right of one of the parents who are separated from their children after the divorce or dissolution of the cohabitation relationship to visit the children at a certain time and place.
From the perspective of civil law theory, the right of parents to visit their children is a basic and important right in parental authority, and it is the legal embodiment of the right to identity based on the relationship between parents and children. How can I exercise my visitation rights if my ex-wife doesn't let me see my children after a divorce If you file a lawsuit for visitation rights in court, the court will generally order the other party to exercise visitation rights on a single or biweekly day of each month, and may also have one or two days of visitation. If the exercise of the right of access by the other party obviously affects the child's growth and health, or if the child under the age of 10 clearly does not wish to be visited by the other party, he or she may file a separate lawsuit with the court, and the court will temporarily suspend the other party's visitation rights.
In addition to this, no one can deprive the other parent of visitation rights to the child. Article 48 of the Marriage Law stipulates: "The people's court shall enforce the judgment or ruling on alimony, alimony, property division, inheritance, or child visits."
Relevant individuals and units shall be responsible for assisting in implementation. However, it should be noted that the targets of enforcement here can only be individuals and units that refuse to perform their duty of assistance, not children. Because visitation rights disputes involve personal issues, if not properly enforced, they can cause serious harm to the physical and mental health of the children.
In addition, if the child has reached the age of 10 and has the ability to think independently about whether or not to visit, the people's court shall solicit the child's opinion, and if the child does not consent, it shall not enforce the visitation right. Many divorced couples are reluctant to meet each other or have any high-level contact with each other after divorce, therefore, although the custodial party should accept the other party's visitation or relationship with the child, but in the actual event, many people's visitation rights cannot be exercised, which is harmful to the legitimate rights and interests of the child. If the other party refuses, we can apply for enforcement and consult a professional lawyer for details.
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