Does visitation include picking up a child, and do visitation rights include picking up a child?

Many parents hope to pick up their children during the visit, take the children to play, and create some alone time. Article 38 of China's Marriage Law 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. "In fact, the provisions of the law are very broad and there are no clear requirements for the right of visitation, and the time, place, frequency and method of visitation have been negotiated by both parties.

Therefore, in general, under the condition that it does not affect the normal study and life of the child, it is possible to take the child away after negotiating with the party who has custody. Legal basis: Article 38 of the Marriage Law of the People's Republic of China provides that 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.

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.

Not included, only visits, can be taken out to play, but be sure to send it back, hopefully.

The right to visit, also known as the right to meet and communicate, refers to the right of the parent who does not directly raise the child after the divorce to visit, contact, meet, socialize, and live together with the minor child for a short period of time. From a legal point of view, the right of visitation is a derivative right based on parental rights, and as long as the status relationship exists, the right of visitation should be the right of the party who is not directly raised.

Child visitation rights can pick up children. Article 1086 of the Civil Code (effective January 1, 2021) 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 visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

The specific method of exercising visitation rights is to be negotiated by the husband and wife themselves, and if the negotiation fails, a lawsuit may be filed in the people's court, and the people's court will make a judgment. According to the provisions of China's marriage law, after the divorce of the parents, the relationship between the child and the parents will not be eliminated. In other words, the parent's support and visitation of the child is both a right and an obligation, and after the parents divorce, no matter which parent directly raises the child, the child is still the child of both parents, which is the basic principle for dealing with the relationship between parents and children and child custody disputes.

After the divorce, the parent who does not directly raise the children has the right to visit the children, and the method of visitation and the frequency of visits are determined by the parents themselves. This right arises on the basis of the status relationship between parents and children, and is a right provided by law, so the divorced parties have no right to agree to waive the right of visitation. In addition, according to the relevant provisions of the Marriage Law, if one party who is directly raising a child is hungry and believes that the other party's visit has a negative impact on the healthy growth of the child, the court shall make a judgment to suspend the visit in accordance with legal procedures.

Marriage Law of the People's Republic of China

Article 21 Parents and children.

Parents have the obligation to raise and educate their children; Children have an obligation to support their parents. If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

Article 23: Parents' protection and education of their children.

Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.

Whether visitation rights include picking up the child is determined by mutual agreement. After the husband and wife have gone through the formalities for registration of divorce, the party who has not obtained custody may exercise the right of visitation, and the party raising the child shall assist the unsupported child in exercising the right of visitation. There is no clear legal regulation in China regarding the time, frequency and whether children can be picked up, and after divorce, the man and woman can determine the specific content of the exercise of visitation rights through consultation.

Where the two parties cannot reach an agreement, the people's court may make a judgment from the perspective of protecting the interests of minors. It can be seen that the exercise of visitation rights is determined by agreement between the parents. If both parties agree to pick up the child, the party exercising the right to visitation can of course pick up the child.

If one party does not agree to pick up the child, he or she can apply to the people's court for compulsory enforcement.

1. Divorce by agreement does not allow you to see how the children are handled.

If the negotiation fails, a lawsuit can be filed in court to secure visitation rights. After a divorce, the relationship between parents and children is not extinguished because of the divorce of the parents. Regardless of whether the child is being raised directly by the parents or the children of both parents, the parents still have the obligation to raise and educate the children, and the parents who do not directly raise the children after the divorce have the right to visit the children, and the other parent has the obligation to assist.

The manner and time of exercising visitation rights shall be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where the father's or mother's visitation of the child is detrimental to the child's physical and psychological health, the people's court shall restore the right to visit after the reason for suspending the visitation in accordance with law disappears. If the other party obstructs the right to visit the child, he or she may file a lawsuit in the people's court. If the other party still does not perform the judgment after the judgment, it may request a people's court to enforce it.

2. How to agree on general visitation rights after divorce.

Agreement on visitation rights: Generally speaking, the number of visits per month should not be too much, if there are too many visits, it will bring a lot of inconvenience to both parties and affect the normal life and study of the child. When the child is over eight years old, the specific time and method of visitation can also listen to the child's opinions and divert the child's independent will.

After a divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent is obliged to assist. The time for exercising visitation rights is agreed upon by the parties; If the agreement fails, the court shall make a judgment on the closed and hungry people's courts.

1. It shall be agreed upon by both parties according to their actual conditions. Punch.

1) If both parties agree to pick up the child when visiting the child, then the child can be taken home;

2) If both parties agree that they cannot pick up the child when they visit the child, then the child cannot be taken home.

2. The right of visitation stipulated by law refers to the right of the parent who does not directly raise the child after the divorce, and it is the right of the parent who does not directly raise the child after the divorce to contact, meet and communicate with the minor child. Visitation is the right granted by the court to a parent who does not have custody of life the right to visit his or her child on a regular basis. In the case of burial, access to a parent without a guardianship will only be denied if the court considers that access would seriously endanger the child's physical, mental, moral or emotional well-being.

The child's visitation rights do not include, and if the child is picked up, the visitation right can only be seen by the statement that the child has not been picked up.

Does the child's visitation rights include pick-up? As a father or mother visiting the child, you can also pick up the child and go, well, pick up the child!

The easiest way to answer to you, you have to solve the problem according to your own ways and methods, give reasonable answers, you have clear questions to ask questions related to the void and the front is no longer in a reasonable way to ask you which solution to the answer.