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If the other party does not allow the other party to visit the child after the divorce, the parents first need to negotiate, and if the negotiation fails, they can file a lawsuit with the court to claim their visitation rights, and the court can enforce it.
Article 68 of the Interpretation (1) of the Marriage and Family Section of the Civil Code: The people's court may take compulsory measures such as detention and fines against relevant individuals or organizations who refuse to assist the other party in exercising their visitation rights, but they cannot enforce the personhood or visitation of their children.
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What should I do if my ex-wife doesn't let me see my children after the divorce? You can ask your wife to communicate with each other, but if you can't do it, you can also seek legal help.
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First of all, you can have a friendly discussion with your ex-wife, and if the negotiation fails, you can sue her to the court, after all, the father of the child also has the right to visit.
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I think at this time, you should communicate with the other party well, tell your own demands, and tell her that the child also belongs to her, and he has no right to interfere with himself to visit the child.
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I think in this case, you should choose to negotiate with your ex-husband. After all, the children belong to the two of you, so you should have the right to visit the children even in a state of divorce.
In today's society, there are some people who put a lot of pressure on themselves in the process of managing their marriage. As a result, they may feel that they are not suitable for their partner in the marriage, or for some personal reasons, and choose to let their marriage go their separate ways. Although in this way, two people can be reunited into a new family.
But for one's own children, divorce is the biggest harm to the children. <>
1. You should negotiate with your ex-husband.
Personally, I think that if your ex-husband won't let you visit your children, you should communicate with your ex-husband and ask him to allow you to visit your children. After all, the child is your joint child, and you should have the right to visit the child even in the state of divorce. In this way, even in the case of divorce, the children will feel a relative mother's love because of your visit.
And it can also allow children to have a better state in the process of growing up. <>
2. Divorce is the most harmful to children.
Although many people in the process of running a marriage lead to divorce due to various reasons. In this case, it is true that it is possible to re-pursue one's own happiness, but for the children between the two parties, the divorce of the parents is not only a blow to the children, but also a harm. And in the process of the child's growth, because of the divorce between the parents, the child will have a lot of pain in his heart.
It can even turn this pain into low self-esteem. <>
3. I hope that everyone can have happiness in marriage.
In fact, I personally hope that everyone can have happiness in their marriage. Because in this case, everyone can feel the meaning of life. And they will also have a certain amount of happiness in a happy marriage, which will also make their family more harmonious.
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It's not right for your ex-husband not to let you visit the child, you can communicate with your ex-husband, after all, you are the child's biological mother and have the right to visit your own child.
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At this time, you can call the police directly, because your ex-husband has no right to deny you access to your children, which is your children.
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In such a situation, you must communicate with the other party in a timely manner, and then you should also make your true words clear to the other party, if not, you can protect your rights through legal means.
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After the divorce, the ex-wife can not be allowed to visit the children if there are legal reasons. At the time of divorce, if the children are directly raised by the ex-wife, after the divorce, the ex-husband has the right to visit the children, and the ex-wife has the obligation to assist, but if the ex-wife can prove that the ex-husband's visitation of the children will adversely affect the physical and mental health of the children, the ex-wife has the right not to suspend the ex-husband's visitation rights and not allow the ex-husband to visit the children, and after the unfavorable factors disappear, the ex-husband's visitation rights must be restored.
[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.
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After the divorce, if the party who directly raises the child does not allow the other party to visit the child, it is recommended that the two parties can negotiate to avoid the dispute affecting the healthy growth of the child.
If no agreement can be reached, then the parent who cannot access the child may file a lawsuit in court in accordance with the law to exercise his or her right to access the child.
At this time, the court will often make a judgment on the method and time of exercising the visitation right based on the interests of the child, and then ask the child's parents to assist in the enforcement.
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Article 38 of China's "Marriage Law" stipulates: 62616964757a686964616fe4b893e5b19e31333365653830 "After divorce, the parent of the party who does not directly raise the child has the right to visit the child, and the other party shall have the obligation to assist. The manner and time of exercising visitation rights shall be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.
Where a parent visits a child that is detrimental to the child's physical and psychological health, the people's court is to suspend the visitation right in accordance with law; When the reason for the suspension disappears, the right of access shall be restored. ”
This provision is the legal basis for the exercise of access rights and the restriction of access rights. 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 directly raised by the father or mother, and the parents still have the obligation to raise and educate the children.
However, in real life, visitation rights cases are often difficult to enforce.
In a court decision, it was found that one party had to send the child to a certain place at a certain time, and the other party had to return the child to a certain place at a certain time in order to realize the plaintiff's visitation rights. However, many judges told reporters in the process of enforcement that this is difficult to do, first, because the two parties to the child visit dispute case often suffer serious harm to each other due to "divorce", if one party visits the child, the court adopts the method of enforcement, which will inevitably cause the conflict between the two parties to intensify, and in the end it is the child who suffers the most damage, and second, because the court does not have so much manpower to ensure the execution of the judgment.
Therefore, if the person refuses to accept the visitation, the judge cannot force the child to be handed over to the party requesting the visit, and the "favor" and "law" encounter an embarrassing scene here.
Therefore, it can be said that divorced couples should be tolerant and understanding of each other, and the specific exercise of visitation rights requires both parties to negotiate and determine a reasonable and reasonable manner. The law can only deny one parent access unless he or she can prove that the other party is mentally ill, sadistic, or communicable.
Raise awareness of visitation rights, especially between divorced parties, and inform them that access rights are not only a right of divorced parents and children, but also a legal obligation of divorced parents. Only by exercising the right of visitation correctly can we ensure the healthy growth of our children.
If the other party does not cooperate and insists on obstructing, you can collect relevant evidence and file a lawsuit or sign an agreement with the court, but I suggest that it is best to negotiate a settlement to avoid unnecessary harm to the child.
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Don't let you see the child sue him, you have the right and obligation to see the child, it's not that you can't see it if you don't see it, the child has already let him go, and he still wants to resolutely not obey her, you must see the child.
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Go to court and sue him for the court to enforce! After divorce, 95% of men will not let women see their children! Only.
Back to pick up the law of the ** to answer to defend our rights! It seems that our divorce law in China should be changed, so that everyone who is divorced and does not let the children be pulled out and shot! At that time, let's see who dares to watch the child! Ha ha.
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It is illegal to refuse to see the child, and you can file a lawsuit with the court and ask the court to order the other party to return the visitation rights in accordance with the law.
versionThe Marriage Act provides that:Article 38: After a 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.
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1. You can file a lawsuit to exercise your visitation rights.
2. If your ex-husband still obstructs, you can apply for compulsory enforcement; If your ex-husband still refuses to perform at this time, he may be suspected of refusing to perform the court judgment or judgment, and will be judicially detained or even sentenced.
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Does the child have no cognitive abilities? Don't children want their mothers?
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According to the right of visitation, as long as the father or mother visits the child, there is no harm to the healthy growth of the child, and there is no right to prevent the visitation. To sum up, it is not reasonable for the husband and wife to divorce and the ex-wife to refuse her father to visit the children. 4. After the divorce, if the ex-wife refuses her ex-husband to visit the children, she can sue the court The husband and wife divorce, and the ex-wife hides the children.
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Legal analysis: If the party who is not directly raising the child encounters the situation that the parent Kaixian does not allow him to visit the child, he can apply to the court to enforce the judgment and issue an enforcement notice to the party directly raising the child;
Then find a way to visit the child under the guidance of the court staff to determine the evidence of the other party's refusal to honor the sentence. Finally, if the other party still does not cooperate with the visitation of the non-directly dependent party, a criminal complaint will be formally filed with the people's court and a request to be transferred to the public security organ for handling.
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 number or 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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