What should one party do if they are not allowed to see their children after the divorce

The specific explanation is as follows: <>

First of all, both parents need to negotiate. After all, parents should think about the happiness of their children, and divorce and not allowing them to see their children or visit them may lead to a lack of fatherly or maternal love for the children, alienating the relationship between the children and the father or mother, and is not conducive to the growth of the children. If parents can sit down and negotiate amicably on how to visit their children, then the question of what to do if they are not allowed to visit their children will be easily resolved, and everyone will be happy in the end.

If one of the spouses insists on the divorce and is not allowed to see the children, and cannot reach an agreement on the issue of the children's visitation rights, then the only recourse is to file a lawsuit in court. Since the act of not allowing children to see or visit children in a divorce constitutes a tort, the court will make a judgment on the method and time of exercising the right of visitation in accordance with the principle of "conducive to the healthy growth of the children", and require the husband and wife to assist in enforcement. <>

What happens when the husband and wife have reached an agreement on the child's visitation rights or the court has ruled on the visitation rights, and the parent who is raising the child is still not allowed to see the child or to have access to the child? In this case, an application can be made to the court for enforcement. However, the enforcement of visitation rights is not an ordinary compulsory enforcement, and the court cannot directly fail to enforce the children's personal and visitation behaviors, but refers to the adoption of compulsory measures such as detention and fines against relevant individuals and units that refuse to perform their duties to assist the other party in exercising their visitation rights, and through fines and detention measures, the party who is forced to divorce and is not allowed to see the children, and the party who does not allow the other party to exercise the right of visitation assists the other party in exercising the right of visitation.

Article 38 of the Marriage Law of the People's Republic of China stipulates: "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 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. Accordingly, if the party requesting to visit the child does not have factors that are detrimental to the child's physical and mental health, he or she may visit the child in accordance with the law, and the other party has the obligation to assist, and if the other party unreasonably refuses, he or she may file a civil lawsuit with the court of the other party's place of residence, and the people's court will make a judgment to enforce it in accordance with law. In judicial practice, there are cases in which the people's courts have detained offenders in accordance with the law to enforce the realization of visitation rights.

Secretly see, it is impossible for the child not to go out, after all, this is your right, secretly see can ease the contradiction between the two sides, the situation is slightly better, ask the other party to come out and talk about the healthy growth of the child, after all, the child is the most important, don't because of a breath, so that the child can not have a healthy attitude like other children.

Visitation is the most basic right and you can ask the court for help when necessary.

Tianjin Lawyer Li (Professional Divorce Lawyer):

You can sue for access rights. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

It was illegal for him to do so, sue him, and deprive him of his custody.

Legal analysis: If the other party is not allowed to see the children without a divorce, the two parties can first deal with it through negotiation, and if the negotiation fails, they can go to the court to sue and request the exercise of visitation rights. The law stipulates that after a divorce, the parent who does not directly raise the children has the right to visit the children, and the other parent has the obligation to assist.

If raising children. If the other party prevents the other party from visiting the child, the other party has the right to file a lawsuit in court or apply for a change of custody. The law stipulates that after divorce, parents still have the right and obligation to raise, educate and protect their children.

Legal basis: Civil Code of the People's Republic of China

Article 1086:After a 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. Where the method and time for exercising visitation rights cannot be reached by agreement between the parties, 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 make a fuss and cancel the reason for suspending the visitation in accordance with law, and the visit shall be resumed after the reason for suspending the visitation has disappeared.

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and their agreement on matters such as child support, property, and debt disposition.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. After the people's court of bending fiber has ruled that the divorce is not allowed, and the two parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

After the divorce, the husband does not allow him to see the children, and he can find an intermediary to negotiate with him, or he can solve it through litigation.

After the divorce, both parties have the right to visit the children, if the south does not allow the woman to see the child, you can find an intermediary, communicate and negotiate with the south, if no result, the woman can sue and obtain the right to visit the child through legal means.

According to the law, after the divorce, the father or mother who does not directly raise the child Zhaogao model girl has the right to visit the child, and the other party has the obligation to assist. If the child is directly raised by the man, the woman has the right to visit the child, and if the man refuses the woman to exercise the right of visitation, the woman may go to the people's court to submit a civil complaint requesting the people's court to allow the woman to exercise the right of visitation in accordance with the law, and the people's court will make a corresponding judgment in accordance with the law after the case is filed.

Where, after reviewing the specific circumstances of the woman, the people's court finds that the woman's visitation will not adversely affect the children's physical and mental health, it shall allow the woman to exercise the right to visit in accordance with law, and make a judgment on the time and method of the visitation in accordance with law; Where it is found that the woman's visitation will have an adverse impact, the woman's exercise of visitation rights shall be denied.

Legal analysis: If one party does not allow access to the children after the divorce, the two parties can negotiate first, and if the negotiation fails, they can file a lawsuit with the court, because the divorce does not allow them to see the children and the behavior of not allowing them to visit the children constitutes a tort; The court will make a judgment on the method and time of exercising the visitation right in accordance with the principle of being conducive to the healthy growth of the child, and require both husband and wife to assist in the enforcement.

Legal basis: Article 1086 of the Civil Code of the People's Republic of China and Zhaosui 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 the right of visitation are to be included in the chain of agreement between the parties; If the agreement is not reached, the people's court shall 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 visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

First of all, it is recommended that both parties can negotiate to avoid disputes that will affect the healthy growth of children.

If no agreement can be reached, then the parent who cannot access the child may file a lawsuit in court in accordance with the law to exercise his or her right to access the child.

At this time, the court will often make a judgment on the method and time of exercising the visitation right based on the interests of the child, and then ask the child's parents to assist in the enforcement.

You can find a child to send a message to him alone, and you can take it out to see you, or you can negotiate with the other party, just say that this is a child between the two of us, and now although I say that I have raised you, it doesn't mean that I can't look at him.

After the divorce of the silver marriage, one party is not allowed to see the children, how can they shout for a banquet?