Is it illegal for an aunt to stop a visitation after a divorce?

If you are lonely after the divorce, it must be illegal for them to behave like this, because the aunt is not the guardian herself, so she cannot stop the parents from visiting the children.

Hello friend, first of all, this situation of course depends on what your specific situation is and how it develops. It is of course illegal for my aunt to interfere with your personal freedom.

After the divorce if the aunt. If he prevents himself from visiting his children, then he must be breaking the law, and even if the parents are divorced, he still has an obligation to support the children. and supervisory obligations. There are also visitation rights.

Hello, this act of his is also a violation of the law, because this visitation right is your legal right.

Legally, visitation rights are the rights of either parent, and no one has anything to do with interference, negotiation or litigation.

It is certainly not legal for an aunt to stop them after a divorce, as no one can prevent a parent from visiting their children.

Your question is to ask if it is illegal for my aunt to organize a visit after a divorce? This is certainly not allowed, and you should be allowed to visit your child.

I don't know who you're talking about preventing visitation, the parent who is raising the child after a divorce, can't stop the other parent from visiting the child.

This is the legitimate interest of the other party.

After the divorce, the femur is too prosperous, is the behavior illegal? It should be illegal, it should be called Tamang.

Is it illegal for an aunt to stop a visitation after a divorce? After the divorce, it is illegal for the aunt to prevent the visitation, and the father has the right to visit.

After a divorce, visitation is generally not allowed because visitation is a statutory right enjoyed by the parent who is not directly raising the child. However, if the other party's visitation of the child is not conducive to the child's physical and mental health, they may refuse and may apply to the court to suspend the visitation.

Legal basis

Article 1086 of the Civil Code provides 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 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 is sent to visit the child, which is not conducive to the child's physical and mental health and well-being, 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: After the divorce, the right of the grandparents to visit the grandchildren can be used to visit the grandchildren with the permission of the child's guardian.

Legal basisCivil 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 go to the Qing Dynasty for 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Hello, it is possible in special circumstances, for example, situations that are not conducive to the growth of children.

It is the legal right of parents to visit their children.

Marriage Law: Article 38 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 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.

Article 48: Where there is a refusal to enforce judgments or rulings on alimony, child support, alimony, division of property, inheritance, visitation of children, and so forth, the people's courts are to enforce them in accordance with law. Relevant individuals and units shall be responsible for assisting in implementation.

Can't refuse, visitation rights are legally backed to give rights!

You should be able to refuse the other party.

Is it illegal for the other party's grandmother not to allow them to visit the children after the divorce After the 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. It can be seen that the right of visitation refers to the right of the father or mother who does not directly raise the children after the divorce of the husband and wife to follow a certain method and time in accordance with the divorce agreement or court judgment. The right of visitation belongs to the category of the right to identity, which is based on the relationship between parents and children.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether the child is directly raised by the father or mother. Therefore, for the parent who does not live directly with the child, the divorce is only a change in the way in which the rights and obligations are exercised, and does not dissolve the rights and obligations between the parent and the child.

Therefore, it is the legal obligation of both parents to raise and educate their minor children after divorce, and at the same time, the visit of the parent who does not directly raise the children is also a legal right, and this right and envy obligation cannot be eliminated by divorce. However, the refusal of one parent to allow the other parent to visit his or her children is not only unreasonable nor reasonable, and is inconsistent with the development of modern civilized society. On the one hand, the new article on visitation rights in the Marriage Law further refines the rights and obligations between parents and their children, making the legal obligation of parents to raise their children more concrete, which not only reflects the parents' help to their children's material interests, but also reflects the parents' spiritual concern and cultivation for their children.

On the other hand, it can also avoid the illegal act of refusing to visit the other party after the divorce, and to a certain extent, it also strengthens the legal responsibility of both parents for the custody of the children after the divorce, so that the obligation to pay child support and the right to have visitation rights are equal, and promote family and social stability. If the other party still does not open the right of visitation, they can file a complaint in accordance with the relevant laws and take reasonable measures to protect their rights and interests, so they need to effectively deal with the specific problem to protect their own interests.