Is there a legal provision for the number, time, and manner of visitation? How is it prescribed

There are no specific rules on the time, frequency, or manner, but the law protects the right of the parent who does not directly raise the child to visit the child, and the other parent has no right to cancel it, but if it is not in the child's favor, the right to visit the child can be revoked.

Article 38 of the Marriage Law stipulates that after divorce, the parent who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist. The method and time for exercising the right to explore shall be agreed upon by the parties, and 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.

Article 24 of the Interpretation (I) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides a way for legal remedy: "Where a party initiates a lawsuit alone on the issue of visitation rights, the people's court shall accept it. ”

Article 25 of the Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China is more specifically stipulated: "Where a party requests to suspend the exercise of the right of visitation in the course of performing an effective judgment, ruling or mediation document, the people's court shall make a ruling in accordance with law if it finds it necessary to suspend the exercise of the right of visitation after consulting the opinions of both parties." After the circumstances for suspending visitation disappear, the people's court shall, on the basis of the parties' application, notify them to resume the exercise of visitation rights.

Article 32 of the Interpretation (1) of the Marriage Law shall apply; "Article 48 of the Marriage Law stipulates that the people's courts shall enforce the rulings in accordance with law on refusal to perform the ruling to assist the other party in exercising the right of visitation, which means that compulsory measures such as detention and fines shall be taken against relevant individuals and units that refuse to perform the act of assisting the other party in exercising the right of visitation, and the person or visitation behavior of the children cannot be enforced. ”

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.

Article 21 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China stipulates that "after a husband and wife divorce, the party living with the children shall not have the right to revoke the custody of the children of the other party".

There are no specific provisions on the time and frequency, and the two parties may negotiate, and if the negotiation fails, a lawsuit may be filed, and the court will make a judgment.

There are no specific rules for this.

The duration of visitation is generally 1 to 2 days per month, and the law stipulates that the other party may have 1 or 2 days of visitation if the other party exercises the right of visitation on a single or bi-weekly day of each month.

Visitation rights, also known as visitation rights, refer to the rights enjoyed by the parent who does not directly raise the children after the divorce to visit, contact, meet, socialize, and live together with the minor children 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.

Visitation rights are a legal right of a parent to a child after a divorce. The right of visitation is legally regulated as a right because it is not only a right under kinship law, but also a basic human right, and the affection between parents and children based on blood relations does not change because of the divorce of the parents. The filial piety of the spouse who does not live with the children after the divorce exercises the right of visitation through various forms such as visiting the children, communicating with the children, and living with the children for a short time, so as to achieve the purpose of continuing to educate the children and play a positive role in the formation of the children's values.

Visitation rights arise after the divorce. Before the divorce, the parents had a valid marital relationship, lived with the children, and raised the children together, and the question of formal visitation rights did not exist. After a divorce, the need to exercise visitation rights arises because one of the parents cannot live with the child.

In terms of nature, the right of visitation is a derivative right based on parental authority, which can also be said to be the content of family affection, and parental right is based on the identity of parents to obtain a kind of identity right, which is exclusive.

The 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.

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.

For lenient offenders and other offenders with special circumstances, the prison may take care of increasing the number of meetings and extending the duration of the meetings. Prisoners who need to meet with each other should request a meeting when sending a letter every month, and the squadron officers and police officers will send a "Notice of Meeting" with the letter, and the interviewees will come to the prison for a meeting on the specified date.

In principle, the persons who are able to visit the convict in the prison can only be the close relatives and guardians of the convict, and if the visit of other relatives or others is helpful to the convict's reform, they may also visit the convict with the approval of the prison. Visitors must bring their ID cards and other valid proof that can prove their relationship with the convict (household registration booklet, certificate from the public security police station, etc.), and the visit will be conducted after being reviewed by the police officer in charge of the prison meeting.

Close relatives refer to spouses, children, grandchildren, parents, parents-in-law, grandparents, maternal grandparents, aunts, siblings of themselves and their spouses. Guardian refers to an individual or organization that has guardianship obligations and powers over minors or persons who lack full capacity for conduct.

When visiting a prison, a person who meets the requirements should be visited at the specified time with the corresponding documents, otherwise the visit is not allowed, and the specific situation of the local prison can be consulted before the visit.

Legal basis: Article 47 of the "Prison Law of the People's Republic of China" Convicts may correspond with others while serving their sentences, but correspondence shall be inspected by prisons. Prisons may withhold letters that hinder the rehabilitation of offenders.

Letters written by convicts to the higher authorities of the prison and to the judicial organs are not subject to inspection.

Article 48: During the period of serving their sentence in prison, convicts may meet with relatives and guardians in accordance with provisions.