My ex husband won t let me see my children, what can I do to protect my rights?

The children belong to both husband and wife, and even if they are divorced, both of them have the obligation and right to raise and take care of the children, and the ex-husband's approach is obviously inappropriate.

In this case, Yue Shijun suggests that you look for the answers you need from the following situations.

First, custody is in your own hands

When two people divorced, the custody of the child was awarded to the woman, but the ex-husband used various reasons and excuses to never show up after taking the child away, and the child naturally could not be seen.

In this case, the woman can directly seek legal recourse, because the previous judgment resulted that the child was raised by the woman, and the ex-husband had no right to take the child away, which was not only unreasonable, but also inconsistent with the provisions of the law.

Second, custody is with the ex-husband

If the child is awarded to the ex-husband at the time of divorce, then the child usually lives with the father, and if the woman wants to visit the child and the ex-husband does not agree, there will be a conflict.

At this time, Yue Shijun suggested that the woman first go to find her ex-husband's parents and friends to do work, after all, they had been in contact before, and the child was the link between the two people, so it was too unreasonable not to let them see.

However, if the relationship between the woman and her ex-husband is already very stiff at the time of divorce, and it is impossible for them to come forward, they should start to seek help from the ex-husband's community or the women's federation, which has expertise in mediating family conflicts and neighborhood disputes, and is also a department that can be relied on to protect the rights and interests of the woman, and it will be better to come forward to do the work.

In the case that neither the community nor the women's federation can play a role, the woman can also take a solution, that is, to call the police, because what the ex-husband did was wrong, although the police could not take him away, but the two parties sat down and mediated, it was still possible.

The last way is to take the ex-husband to court, re-divide custody or ask for visitation rights, because the ex-husband's practice is illegal.

All in all, this kind of unreasonable and illegal thing, Yue Shijun hopes that you can solve it as soon as possible and reunite with your children.

From a legal point of view, it is not said that a parent is not allowed to see his child.

But from a practical point of view, since the child is with the ex-husband, it may not be particularly easy for you to see it.

As a mother, it is natural to understand your desire to see your child, but things often backfire.

Not to mention how to fight for these rights and interests, it will be more troublesome from the perspective of evidence collection.

After all, this is not a criminal case, nor is it a civil case, it may be a family dispute or something, although you are divorced, but you and the child are related by blood.

Even if you call the police, when the police come, maybe it's still just a verbal education, and you still won't see the child.

The best way is nothing more than to communicate first, no matter what kind of posture, no matter what way, as long as you can get the consent and tolerance of your ex-husband, it shouldn't be a big difficulty to meet the child.

If whatever methods you take don't work, and whatever you use doesn't work, then at this time, you can really take some legal measures.

One is to fight for the right to visit the children. To bring one is to fight for the right to raise the child.

In fact, I think the best way now is for you to find a law firm close to you and consult about some things in this area, as long as it can fight for your rights, I believe it is worth it.

No matter what the reason, it can't resist a beautiful great mother's love.

But at the beginning, I tried to communicate with my ex-husband, or with my ex-husband's family, after all, you and the child are related by blood, I want to know that you are moved by emotion, no matter how much you will not let a mother not see the child.

If you have tried all these methods and there is no effect, you should take a final look and use legal means to protect your legitimate rights and interests.

You can consult a lawyer to see if the judgment, mediation or divorce agreement stipulates the child's visitation rights, but in practice, one party or his parents refuse to allow the other party to exercise the visitation rights for various reasons, the party who enjoys the visitation rights can communicate and negotiate through the local neighborhood committee, and if the negotiation fails, he or she can file a tort lawsuit with the people's court on the premise of collecting relevant evidence.

It should be noted, however, that court enforcement will generally only take measures to remove the obstruction and will not impose coercive measures on the child's person.

How to exercise visitation rights after a divorce.

The exercise of child visitation rights refers to the visit of the child by the party who indirectly supports the child after the divorce. The manner and timing of the visitation are generally agreed upon by the parents at the time of divorce. For the sake of the healthy growth of the children, both parties should negotiate the issue of children's visitation at the time of divorce, and make specific and detailed arrangements for the method and time of visitation.

Where the parties cannot reach an agreement on the visitation of the children at the time of divorce, the people's court shall make a judgment together when handling the divorce case. Generally, on the premise of not affecting the child's learning or seriously changing the child's life pattern, it is determined that the indirect supporter can communicate with the child alone for a period of time.

If the divorce judgment already made by the people's court does not involve the right of visitation of children, article 24 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, which came into effect on December 27, 2001, provides a way of legal remedy: "If a party files a lawsuit alone on the issue of visitation rights, the people's court shall accept it. ”

When the indirect supporter exercises the right of visitation, the parent who directly raises the child has an obligation to assist. If the parent who is directly raising the child does not fulfill his or her obligation to assist in visitation, or uses various means to prevent the other parent from realizing his or her visitation rights, the party with the right to visit may file a lawsuit with the people's court to realize his or her visitation rights.

For those who refuse to enforce judgments or rulings on child visits, the people's courts may take compulsory measures such as detention and fines against individuals and units that have an obligation to assist.

It's okay to apply for legal help, as long as you do what a mother is supposed to do! You can have legal procedures and let the law enforce it!

No one has the right to prevent mothers from watching their children.

After the divorce, the ex-husband does not allow the coarse to visit the children, he can negotiate with him first, and if the negotiation fails, he can file a lawsuit with the court, and if the other party does not enforce the judgment after the court issues the judgment, he can apply to the court for compulsory enforcement and require the other party to cooperate. 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 child. If one party prevents the other party from visiting the child without a valid reason, the other party has the right to file a lawsuit in court to enforce the right to visit.

If the other party still refuses to cooperate, the other party can apply to the court for enforcement, or they can apply for a change in child custody.

The Civil Code 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 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 father or mother visits a child and it is not conducive to the child's physical and mental 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 basis] Article 1086 of the Civil Code of the People's Republic of China provides 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 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.

In this case, you will need to negotiate amicably with your ex-husband or take care of them according to the agreement.

First, if there is a divorce agreement, you can visit according to the provisions of the divorce agreement, which is a right given to you by the court and cannot be taken away by anyone.

Second, if there is no agreement on the children and children, then the two parties need to negotiate, which can also have a visitation effect.

Third, you can give a certain amount of financial compensation to your ex-husband, so that you can also obtain their understanding and achieve a balanced effect!

There are several legal terms that need to be understood to solve this problem:

Visitation rights: The right to visit, also known as the right to meet and communicate, refers to the right of the parent who does not directly raise the children after the divorce to visit the minor children, contact, meet, socialize, and live together for a short period of time.

There are two ways to refuse the other party in exercising visitation rights.

1. Negotiation. 2. Prosecution.

As a mother of a child, think about why you are not allowed to see your child.

Although the law provides for the right of divorced parents to visit their children, it also provides for the right to suspend visitation, which should be restored after the reason for suspension has disappeared.

Under special circumstances, the ex-husband may not be allowed to see his biological mother.

If the ex-husband thinks that it is not conducive to the physical and mental health and growth of the child, he can refuse to allow the mother to see the child.

What are the circumstances that are detrimental to the physical and mental health of the child?

detrimental to the physical and mental health of children" mainly includes:

1. Suffering from severe mental illness or a virulent infectious disease that has not yet been developed;

2. Committing domestic violence or abusing children;

3. Other circumstances that are not conducive to the physical and mental health of children.

How to exercise the right to visitation of children in a divorce?

How to exercise the right to visitation of children in a divorce? When exercising the right of visitation, the time and place may be negotiated between the parents, and if the agreement is not reached, the court will make a judgment and generally visit the child until he or she reaches adulthood. When your child becomes an adult, you can decide when and where you want to visit.

What are the rules for visitation of children?

What are the rules for visitation of children? Provisions on visitation methods: At present, one of the ways to realize children's visitation rights is short-term and relatively flexible visitation visits; One is the stay-in type, which is generally longer, and the time and place can be stipulated by the agreement of the parents or the court decision.

Is it okay not to want the other person to visit the child?

Is it okay not to want the other person to visit the child? According to the relevant provisions of China's Marriage Law, one parent has the right to visit the child, and the realization of the child's visitation right can be negotiated and agreed upon by the parents, or the court can make a judgment.

1. The two parties negotiate and settle first; 2. Find the neighborhood committee or village committee of the place of residence to mediate and settle the problem; 3. The party who has not obtained the custody of the child directly takes the judgment or the mediation letter to the court to apply for enforcement, so as to realize the request to visit the child; 4. If the judgment, mediation or divorce agreement stipulates the child's visitation rights, but the actual performance is lost, and one of the parents refuses to allow the other party to exercise the visitation rights for various reasons, if the negotiation fails, the party may file a tort lawsuit with the people's court on the premise of collecting relevant evidence.

Hello, if the ex-husband does not allow him to see the children, he should first consider whether he can solve it through legal means, such as going to the local family court to apply for property and custody distribution. In addition, you can also try to reach an agreement with your ex-husband through an agreement or reconciliation, so that the child can get a complete family. I hope it can help you, and I wish you a happy new year!

You can file a lawsuit with the court, you can ask the women's federation for help, you can ask the community for help, you can find the ex-husband's leaders and colleagues to help persuade you. If a husband and wife divorce and one of them has visitation rights, this matter should be discussed with the ex-husband.

I divorced my ex-husband, and I also have the right to visitation of the children, and my ex-husband can't deprive me of the right to visit, and if my ex-husband doesn't show me the children, I will go to court to sue my ex-husband. I can't see my children, I miss them so much, and it's the most painful thing to separate mother and child, and I will defend my visitation rights.

Women and children are a vulnerable group in this society, and when they encounter this kind of thing, they don't know who to turn to, but they can go directly to the Women's Federation for help. The Women's Federation will protect the legitimate rights and interests of women and children, and the staff of the Women's Federation will help us solve this problem. Even if the husband and wife are divorced and there is a conflict between the two people, they cannot prevent the other party from watching the children.

As a resident of the community, you can ask the community for help when you encounter difficulties. My ex-husband resolutely did not allow me to see the children, and when the communication was fruitless, I had to go to the community to ask for help from the staff, hoping that they could help me solve the problem. Don't be in a hurry when you encounter this kind of thing, and you can't get into a physical altercation with the old Sif, you must learn to seek help from a third party.

Everyone is an adult, and although the marriage is not managed well, both parties are the legal guardians of the children, and both husband and wife have visitation rights to the children. If the ex-husband resolutely disagrees with the ex-wife to see the children because of a conflict between them, you can ask the ex-husband's leaders, colleagues, friends, etc. to help persuade him. Pity the hearts of parents all over the world, I believe that if you are sincere, you will definitely get help from others, and if you help and persuade together, you may be able to persuade your ex-husband to agree with your ex-wife to see the children.

When encountering this kind of thing, the best solution is to communicate with both parties and communicate calmly. You can also come forward to help mediate through the elderly on both sides, and everyone can talk about it together, and maybe the matter can be resolved.