-
First of all, it is necessary to negotiate or mediate, and the woman has the obligation to assist and cooperate, and can go to the court to resolve the court lawsuit and change the custody rights. Parents are allowed by law to have visitation rights.
-
Personally, I feel that I can sue the court when I encounter such a thing, because grandparents have the right to watch the child, and the woman's behavior is also illegal.
-
Grandparents can file a lawsuit in court because grandparents are relatives of the child and have the right to see.
-
The best way in this situation is to call the police and let the police comrades help coordinate the situation.
-
Legal basis: Article 1086 of the Civil Code of the People's Republic of China After marriage, if the parent who does not directly raise the child has the right to visit the child, 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 the law; Visits shall be resumed after the reason for the suspension has disappeared.
-
After the divorce, the woman is not allowed to see the children, and the solution is as follows:1. The two sides first negotiate to resolve the simple Liang decision.
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 right to custody of the child directly takes the judgment or mediation letter to the court to apply for enforcement and realize the request to visit the child.
4. If the judgment, mediation document or divorce agreement stipulates the child's visitation rights, but in the actual performance, if one of the parents refuses 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 neighborhood committee where the visitation is located, and if the negotiation fails, he or she may file a lawsuit for infringement with the people's court on the premise of collecting relevant evidence.
5. However, it should be noted that court enforcement will generally only take measures to remove obstructions, and will not take compulsory measures against the child's person.
-
There is no right not to let them see it, because the child is also auspicious and owes him to rent Jane's father, so the man comes to see the child and his parents come to see the child, and you should let him watch this matter.
-
The woman has no right to prevent the grandparents from visiting the child, they have this right and duty.
-
If you are not willing to let your grandparents visit the children at the woman's home, you can ask the man to change the place of visitation.
-
Grandparents see what their grandchildren have to do with them, and they are afraid that they will suddenly snatch the child.
-
Legal analysis: On the issue of child support, children under the age of two are generally raised with the woman in principle; Children between the ages of two and ten years old will be raised according to the conditions of both parties, and whose conditions are more conducive to the healthy growth of the child will be sentenced to be raised; Children over the age of 10 should follow the child's own opinion, and the child will be raised by whoever he wants. The parent who does not support the child is required to pay child support, which is generally paid on a monthly basis.
If there is a fixed income, maintenance is generally paid at 20% to 30% of the fixed income; If there is no fixed income, the court shall make a comprehensive determination based on the actual expenses of the child, the local standard of living, and the economic situation of both parties.
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 file a divorce lawsuit with 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.
-
Legal analysis: Children under the age of 2 are generally awarded to the mother for support, and children over 10 years old should listen to the child's opinion. If there are two children, in principle, one person is raising one child, and the party who does not support the child should pay child support, which is generally 20-30 of one party's income.
Child support includes living expenses, education expenses, travel expenses, medical expenses, etc.
Legal basis: Civil Code of the People's Republic of China
Article 1058:Husbands and wives equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.
Article 1084 The relationship between parents and children is not extinguished by the divorce of the 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 divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a 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.
Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).
Article 55: After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be initiated.
Article 56: In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;
3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;
4) There are other legitimate reasons for the change.
Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" 3. For children over the age of two years, where both the father and mother request to live with them, and one party has any of the following circumstances, priority may be given: >>>More
Yes, but if the maternal grandparents are able to support them, they can help the children take care of their grandchildren. >>>More
Article 1086 of the Civil Code: 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
In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts (hereinafter referred to as the "Property Division Opinions"), combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife: >>>More
If the father does not agree, the woman can directly file a lawsuit at this time, so that she can help the child change the name. >>>More