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If the award is given to the woman, you should execute it, the woman is the child's householder, you hide from me, others say that you kidnap you, what do you do, you can visit with the woman's consent, and if you don't agree to the judgment to the woman, you can sue.
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The child is forcibly given to the mother, and in severe cases, you will lose visitation rights.
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Unless the woman applies to the court for coercive measures.
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The court will look for you or give you a notice, but if you go missing, they won't be able to do anything about you.
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Legal analysis: In the case of a divorced child awarded to the woman and the man refuses to enforce it, the woman may request the people's court for compulsory enforcement. If the man still refuses to return the child to the woman, the court will impose 15 days of judicial detention on the man, putting pressure on the man to return the child to the woman.
According to the provisions of China's Civil Code, the people's court shall enforce the judgment or ruling on inheritance, visitation of children, etc., for refusal to enforce it. Relevant individuals and units should also be responsible for assisting in implementation. In trial practice, in addition to the above-mentioned practice of imposing judicial detention on the executor, the judge will also inform the man who is subject to enforcement of the consequences of not performing the effective legal judgment, and actively do the mediation work of all parties to close the case by way of enforcement settlement.
If the respondent is suspected of refusing to enforce a judgment or ruling, the court may transfer the case to the public security organ for filing and investigation.
Legal basis: Civil Code of the People's Republic of China
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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
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.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Summary. Hello, the custody of the child has been awarded to the woman by the court's decision, but the man is still. If you bring and raise the child by yourself and do not return the child to the woman to carry and raise the child, you can apply for enforcement.
However, for the sake of the healthy growth of the child, it is recommended to communicate and negotiate with the man how to raise the child better, which is conducive to the growth of the child.
If the divorced child is awarded to the woman and the man does not give it, is it useful for the court to enforce it?
Hello, I am asking the high-quality legal collar Weiyin Domain answer, redemption senior, in order to better solve your problem with high, the longest waiting time is not more than five minutes, please be patient, thank you
Hello, Yuan Peiling has passed the court's judgment and awarded the right to raise the child to the woman, but the man is still missing. If you bring and raise the child by yourself and do not return the child to the woman to carry and raise the child, you can apply for enforcement. However, for the sake of the healthy growth of the child, it is recommended to communicate and negotiate with the man how to raise the child better, which is conducive to the growth of the child.
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Summary. Hello, the effective divorce judgment has legal effect, and both parties should actively perform it. Where one party refuses to enforce the judgment, the other party may apply to the people's court for compulsory enforcement with the written judgment.
Those who refuse to carry out court judgments, and the circumstances are serious violations of the criminal law, will be severely punished by the criminal law. First, enforcement is only an act carried out by a State organ. The executive power is a public power of the state, which can only be exercised by state organs, and cannot be exercised by other units or individual citizens.
In China, the state organ exercising the power of enforcement is the people's court. Second, the people's courts must be based on effective legal documents in carrying out enforcement activities. This is actually determined by the purpose of the civil enforcement proceedings.
Third, the enforcement activities of the people's courts are mandatory. Fourth, the people's courts' enforcement activities must be carried out in accordance with legal procedures.
After the divorce, the child was awarded to the woman, but the child just didn't go, and the woman applied for enforcement.
Hello, the effective divorce judgment is legally valid, and both parties should actively perform the excavation. Where one party refuses to enforce the judgment, the other party may apply to the people's court for compulsory enforcement with the written judgment. Those who refuse to carry out court judgments, and the circumstances are serious violations of the criminal law, will be severely punished by the criminal law.
First, enforcement is only an act carried out by a State organ. The executive power is a public power of the state, which can only be exercised by state organs, and cannot be exercised by other units or individual citizens. In China, the state organ exercising the power of enforcement is the people's court.
Second, the people's courts must be based on effective legal documents in carrying out enforcement activities. This is actually determined by the purpose of the civil enforcement proceedings. Third, the enforcement activities of the people's courts are mandatory.
Fourth, the people's courts' enforcement activities must be carried out in accordance with legal procedures.
This situation is enforceable.
What about children's opinions?
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1. What should I do if the divorced child is awarded to the woman.
In divorce cases, the child is under the age of two years and the mother shall raise the child; If the two parties are over two years old, if the two parties cannot reach an agreement due to a dispute over custody, the people's court shall make a judgment based on the rights and interests of the children and the specific circumstances of both parties; If the child has reached the age of eight, the court will take into account the child's opinion.
Parents are not allowed to leave their children alone. Parents have an obligation to raise and educate their children. 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.
2. Apply to the court for compulsory enforcement.
Child custody is awarded to the woman, the man does not execute, the woman can not contact the man, can not find the man, can not see her children, in this case, the woman should not hesitate, and then read what kind of husband and wife friendship, too soft-hearted and kind-hearted sometimes not good things, directly to the court to sue, apply for enforcement.
First of all, the court's judgments, rulings and mediation agreements will have legal effect and force on the parties once they take effect, and all parties shall perform their respective obligations in accordance with the content of the legal documents. If the parties do not automatically perform the effective judgment documents, the right holder has the right to apply for compulsory enforcement.
Secondly, the case of applying for enforcement of child custody cannot be regarded as enforcing the child's person, but should be understood as forcing the respondent to perform the act of handing over the child to the applicant for support. This type of enforcement case is mainly caused by the respondent's failure to hand over the children to the applicant for custody in accordance with the content of the judgment after the court judgment takes effect, but in practice, we cannot simply understand this type of case as only the child is forcibly taken away and then handed over to the applicant. The court's enforcement measures in such cases should be limited to the relationship between the applicant and the respondent, and the respondent should be compelled to perform the obligations of the respondent through legal procedures, but not directly enforce the child's person.
3. Consultation. The child was awarded to the woman, indicating that the woman's conditions are more conducive to the healthy growth of the child. The man does not implement and does not cooperate, as a woman, you can ask the man to find an opportunity to talk and communicate, in order for the child to live a better life and grow up healthily, I hope the other party will cooperate, just divorced, you can also give the man a deadline, let the child follow the man for a period of time, so as to comfort and take care of the man's emotions, and then take the child over, Qin La communicates well and understands each other, and the matter can be properly solved for the sake of the child.
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If the divorced child is awarded to the woman and the man does not give it, is it useful for the court to enforce it?
The divorced child is awarded to the woman, and the man does not enforce it to the court, because the enforcement can detain the man and change his career, and if he refuses to enforce it, he will also go to jail, in this case, he can let the other party enforce the rent judgment in disguise.
How can it be more conducive to obtaining custody?
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