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The stipulation is that when a husband and wife divorce, they need to act in the best interests of the children, and both parties agree on the ownership of the custody of the children, and the party who does not directly raise the children needs to bear the child support. The parent who does not directly raise the child has the right to visit the child. The premise is to protect the best interests of the child.
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I don't think the visitation is allowed to pick up, he has his situation. It's quite difficult. Therefore, there is a willingness to visit the situation where they are not allowed to pick up.
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1. According to the agreement on the method of visitation, it can be taken away temporarily.
For example, I am with my mother on weekdays and my father on weekends. However, it is not allowed to take the child away all the time, nor can it violate the agreement on the way of visitation, and it is also illegal to take the child away without permission. Violations of visitation rights may be negotiated, mediated, and sued, and must not be violated by the other party's custody rights without permission.
2. You can take it out to play, but you must send it back.
The right of visitation, 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.
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But in the case of not being allowed to pick up, I personally think that if you don't explain the situation in advance when you are talking, people will not let you accept it, and they have to ensure the safety of this person, so if you want to take over before, you must tell them in advance, and they will let you be vaccinated.
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The situation in which the visitation is not allowed to be picked up can only be determined by the conditions agreed upon by both parties.
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Legal analysis: The relevant provisions on visitation rights do not specifically restrict the other party from picking up the child. Depending on the method of visitation, it may be taken away temporarily. You can take it out to play, but you have to send it back. Therefore, when exercising visitation rights, both parents should agree in advance.
Legal basis: Article 1086 of the Civil Code provides that after divorce, the parent who does not directly raise the children has the right to visit the children, and the other 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.
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Legal Analysis: Depends on the circumstances. If the parties negotiated the issue of child visitation at the time of divorce and the party who did not raise the child could not take the child, then it could not be taken away; If there is no agreement on this, then the child can be taken away, because the relationship between the parents and the child is not extinguished by the divorce of the parents.
After the divorce, the children are not directly raised by the father or mother, and they are still the children of both parents.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After the divorce, parents still have the right and obligation to raise, educate and protect their children. After the divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.
Where children have reached the age of 8, their true wishes shall be respected.
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1. According to the agreement on the visitation method, it can be taken away temporarily.
2. You can take it out to play, but you must send it back. Shed branches.
3. Article 38 of the Marriage Law stipulates that after divorce, the parent who does not directly sue the parent who is raising the child has the right to visit the child, 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, and if an agreement is not reached, the people's court is to make a judgment.
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1. According to the agreement on the method of visitation, it can be taken away temporarily.
2. You can take it out to play, but you must be sent back.
3. Article 38 of the Marriage Law stipulates that 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 child. The method and time for exercising visitation rights are to be agreed upon by the parties, and if no agreement is reached, the people's court is to make a judgment.
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With regard to the right of visitation, the provisions of the law are very broad and there are no clear requirements, and the time, place, frequency and method of visitation have been negotiated between the two 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.
According to the Marriage Law of the People's Republic of China:
Article 38: Visits to children after divorce.
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 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.
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. >>>More
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