How to restrict visitation rights after divorce

Article 38 of the Marriage Law stipulates that after the divorce of visitation rights, 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. Unless there is an agreement between you to refuse him visit, if the agreement is unsuccessful, it can be decided by the people's court.

However, such a judgment is made when the lack of access is generally a serious threat to the child's physical, mental, moral or emotional health. Visitation rights are a derivative of parental authority and also belong to parental authority. You can go to the local police station to communicate with the public security department first.

Although you don't need your ex-husband, it doesn't mean that the child doesn't need his own father. So on this issue, we still have to be calm and reasonable. You can't take the place of the father of your child.

Nor does he have the right to deprive a child of the right to be visited and cared for by his or her biological father. If you are worried that he will take the child and go missing, insist that you be present with him every time he visits, or ask him to come to visit him at home and not go out.

Isn't there an agreement on the ownership of the children at the time of divorce, which has legal effect? Since custody is yours, but he has visitation rights, such as a few times a week or a few times a month, it is up to you to negotiate and decide. Within the scope of his visitation rights, and there is no violation of your agreement, the public security organs will not interfere!

First of all, the other party must have visitation rights.

You can sue the court and request that the visitation be restricted on the grounds that the other party is not good for the child's development, and the right of access can be restored after the disadvantages are removed.

But you have to prove it.

Legal analysis: The specific method and content of the visit can be decided by both parties through consultation, and it can be more than just a look. The party who does not directly raise the child may, with the consent of the other party, take the child to the home, eat, chat, or even stay overnight, as long as the two parties negotiate a general agreement.

Visitation refers to the right of a parent who does not have custody of life to visit his or her child on a regular basis.

Legal basis: Article 1086 of the Civil Code of the People's Republic of China 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.

Legal Analysis: Struggle for Visitation Rights after Divorce: First of all, you can fight for visitation rights through negotiation, and if the negotiation fails, you can file a lawsuit to fight for it.

The right to visitation and service 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.

Legal basis: Article 1086 of the Civil Code of the People's Republic of China 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 to laugh at it.

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; After the reason for the suspension disappears, the manuscript and visits shall be resumed.

Struggle for visitation rights after divorce: First, you can fight for visitation rights through negotiation, and if the negotiation fails, you can file a lawsuit to fight for it. The right of visitation refers to the right of the father or mother 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 time.

1. Can I sue for marital visitation?

It is not possible to sue for marital visitation rights. Visitation rights refer to the rights enjoyed by the parent who does not directly raise the children after a divorce to visit, contact, meet, socialize, and live together with the minor children for a short period of time. It arises on the premise of the dissolution of the marriage or cohabitation relationship between the parents, and the non-direct maintenance of the children as the necessary condition, so that during the period when the marriage relationship exists and the husband and wife are not separated abnormally, both parties actually enjoy parental rights, and the right of visitation does not arise.

If they want to file a visitation lawsuit, they must first dissolve the marriage or common-law relationship with the other party.

2. What should I do if my mother-in-law is divorced and does not let me see my children.

If the divorced in-laws are not allowed to visit the children, then the party can file a lawsuit with the court to exercise the right of visitation.

If the person exercising the right of visitation is the owner of the visitation right, the court will uphold the request as long as the exercise of the right of visitation does not adversely affect the physical and mental health of the child. After divorce, the parent who does not directly raise the child has the right to visit the child, while the parent who directly supports the child has the obligation to assist him.

Visitation rights refer to the rights enjoyed by the parent who does not directly raise the children after a divorce to visit, contact, meet, socialize, and live together with the minor children for a short period of time. The right of visitation is subject to the parent who does not directly raise the children after the divorce, while the subject of the right of visitation is the parent who directly raises the children after the divorce. The exercise of visitation rights must be conducive to the child's physical and mental health.

If the exercise of the right of visitation harms the child's physical and mental health, the people's court may suspend the exercise of the right of visitation in accordance with law.