After the divorce, the child belongs to the woman, if the man forcibly snatches the child, what shou

Article 1086 of the Civil Code: 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.

Article 236 of the Civil Procedure Law of the People's Republic of China stipulates that the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

To sum up, if it is a litigation divorce, you can directly request the court to enforce it according to the judgment; If it is a divorce by agreement, first go to the court to sue for continued performance of the divorce agreement, and then request the court to enforce it according to the judgment after the judgment. However, after all, custody enforcement cases are different from ordinary enforcement cases, and after entering the enforcement stage, the enforcing court should actively mediate with the applicant and the respondent, and conclude the case by way of enforcement settlement as much as possible, so as to avoid harm to minor children to the greatest extent. Enforcing custody is an act of enforcement, which is not the same as enforcing property.

In order to avoid adverse effects on the physical and mental health of the child, the court cannot directly enforce the child's person, so it generally does not forcibly take the child away, but compels the other party to perform its obligations through legal procedures. For example, if the other party refuses to fulfill the obligation to return the child to the direct parent, it may be included in the "blacklist" by the court, and once it is included in the list of untrustworthy enforcers by the court, it will be restricted in many aspects such as travel, high consumption, loans, property purchases, investment, bidding, entry and exit, etc., and the creditworthiness evaluation recorded by the enforcer in the credit information center of the People's Bank of China will be correspondingly reduced and exist for a long time.

In this case, the choice of how to deal with it is up to the woman.

First of all, the child is legally awarded to the woman, and the woman, as the guardian, has the right to use the law to sue the man and demand that the man return the child.

The man only has the right to visit the child, and has no right to forcibly take the child without the woman's consent, which is not in accordance with the law and requirements.

Of course, if the two parties can communicate normally, they can also choose to go private, and the woman can tell the man the result of the process of taking legal measures, give the other party a warning, and then ask the other party to return the child.

All in all, whether it is legal or private, the decision is in the hands of the woman, and measures can be taken according to the situation.

If the child is judged to belong to the woman, and the man directly snatches the child away regardless of the woman's wishes, then the woman can sue the man according to the Civil Code.

This kind of problem involves legal issues, and you can directly appeal to the court or report to the police station. After the divorce of the two people, the child has been returned to the woman, but the man forcibly takes it away, and he must be held legally responsible.

When the husband and wife divorce, the divorce agreement signed by the child is raised by the woman, and after the woman obtains the custody of the child, the man forcibly snatches the child, first goes to the police station to report to the police, and then goes to the court to sue the man.

Since after the divorce, the child is awarded to the woman. Then the custody of the child must belong to the woman, if the man forcibly snatches the child away, then the woman can call the police and go to the court to sue him.

If the man is breaking the law, the woman can call the police, and she can also go to the court to sue the man and get the children back, and women and children are protected and protected by the law.

If the man forcibly snatches the child away, then he must call the police, and the woman can call the police and let ** intervene, so that it can be resolved.

The woman should choose to call the police, even if the other party is the father of the child but is no longer the child's guardian. It is a crime to forcibly snatch a child away.

Alarm. This kind of thing can be reported to the police, and the man is involved in a crime.

If the man still refuses to give it, he will be forcibly taken away.

Since the child was awarded to the woman at the time of divorce, the woman is the legal guardian of the child.

And the man forcibly took the child away, which is an illegal act.

You can negotiate with the child's father, and if he insists on not paying it back, you can report it to the police or sue the court to defend your rights.

Of course, the woman should be able to call the police, although the man is the father of the child, but the custody belongs to the woman, and the child should follow the mother, the father only has the right to visit, and cannot be forcibly taken away, if you want the custody of the child, you can sue the court, and only the court judgment can take the child away.

I think that this situation can be solved by legal means, and I believe that the other two people who will respect the law will also give love to the child together.

After the child goes to the woman, if the man forcibly snatches the child, what should the woman do, think that you should pass the law for you are divorced, the man is guilty of doing so, it is already owned by the woman, and the man has no right to take the child.

At this time. If the woman wants the child back, the man should be. Take the initiative to return the child to the woman. Otherwise, the woman can be based on the divorce agreement. Through the courts. Get the child back.

Isn't there a lot of local ** reporters who can come forward to mediate all kinds of disputes? And the children's hukou are all with you, what do the man have to do if he takes them away, and he doesn't even have to be able to go to school.

Call the police, you have custody, he didn't snatch the child, you don't call the police, it's so sorry for what he did.

After the divorce. If the child belongs to the woman, if the man forcibly snatches the child away, the woman will definitely call the police. You even have to sue in court.

In this case, the man has already broken the law, and the woman does not need to do anything, as long as the woman reports to the police, the man will be criminally detained.

After the divorce, if the court awards the child to the woman weakly, and the man forcibly snatches the child, the woman can sue the man.

You have started to say that you will give the child to the woman, and if the man forcibly wants to take the child, then he should be punished by law.

After the divorce, the child belongs to the woman, and the man forcibly snatches the child, I think the woman should of course sue.

Call the police, and after calling the police, take the certificate that the child awarded to the woman to sue. But ask the child what he would like to do over there according to the child's wishes?

If it affects the child's normal life, he or she may apply to terminate his visitation.

In such a case, you can file a lawsuit against the man in the people's court to get the child back.

When encountering this kind of thing, the people call the police directly, and there is. The court to enforce the processing.

If this happens, the woman can go straight to the police.

I think it is possible to go through legal means to get the child back.

There are two ways, the first is to report 110, and the second is to go to court to sue.

After the divorce of the husband and wife, the custody of the children is a very important issue. Many couples have fought a lawsuit and determined the custody of the child, but the party who has not obtained the custody will forcibly snatch the child away because he is reluctant to let go of his child. Some netizens asked, after the divorce, the child was awarded to the woman, but the man forcibly snatched the child, what should the woman do at this time?

So what should the woman do if the child is awarded to the woman after the divorce and the man forcibly snatches the child? Here's what I think:

1. You can negotiate with the man first.

After the divorce, if the child is awarded to the woman, and the man forcibly snatches the child, the reason why the South does this may be because of a momentary ghost, or because he misses his child very much. So at this time, the woman can go to the man to negotiate and ask the man to return her child.

2. If the problem cannot be resolved through negotiation, you can go to the court to file a lawsuit.

If the woman has gone to the man for negotiation, but does not want her child back, then the woman can go to court to file a lawsuit and ask the man to return her child. In general, if the husband continues not to return the child after the court has made a decision, the court will compel the man to return the child to the woman. In this way, the problem can be solved and the woman can be reunited with her child.

3. I hope that everyone will not do anything that violates the law and discipline.

The man takes the child away without the woman's consent, which is already a violation of the law and will be punished by the law. So no matter what the reason, I hope we don't do things that violate the law, otherwise, we will pay the price for what we have done.

Question: I'm on the man's side.

It's okay if you detain me.

Even after I was detained, I still won't hand over the child.

Ask the child, we hide it and don't hand it over.

Even if you go to jail, you won't hand over the child, so what will the court do?

According to the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts", if one party requests to change the child support relationship, the people's court shall support the modification in any of the following circumstances:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

For example, the party living with the child has been re-educated through labor, arrested, sent to prison for a crime, or has been abroad for a long time and cannot be directly raised.

Ask Mr. Wu! Those who do not hand over the children do not have to pay legal responsibility, but are only detained.

where there is a capacity to enforce a people's court's judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

If you really hold it, even if you go to jail and don't give it to your child, you may really go to jail. Once you go to jail, it will affect you and your children in the future.

Therefore, for the sake of children, it is better to communicate well, rather than solve the problem in a dead world, which is not worth it.

Hello, according to your description and analysis, it is recommended to call the police at the first time, inform the police of the specific situation and ask for detailed records. If there is an injury caused by violence in the process of snatching the child, the injury must be examined as soon as possible. After calling the police, you can find a friend or a respected elder who is recognized by both parties to communicate with the other party, and minimize the harm to the child through negotiation.

If the child is still unable to be returned, he can apply to the people's court for enforcement, but the enforcement of custody cannot force the child back, and can only force the executor to perform his obligations through indirect enforcement, such as fines and detention.

Finally, if the enforcing judge ascertains that the child is unwilling to live with the applicant based on the child's wishes, the court may rule to terminate the enforcement and inform the parties that the custody relationship can be changed through legal means.

[Relevant Laws].Code of Civil Procedure

Article 224: The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property subject to enforcement is located.

Article 226: Where the people's court fails to enforce the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement.

Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

Article 55 of the Interpretation of the Marriage and Family Section of the Civil Code (I): After divorce, if one of the parents requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.

Article 56: In any of the following circumstances, the people's court shall support a parent's request to change the relationship between child support:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;

3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;

4) There are other legitimate reasons for the change.

Article 57: Where both parents agree to change the child support relationship, the people's court shall support it.

If the man takes the child away, he can apply to the court for enforcement, and the court will enforce the help to get the child back, and the court's judgment is legally valid.