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1. You can have good communication with your ex-wife first
Although the two are divorced, the child is the common child of both parties, so as a father, he has the right to visit his child, and if he wants to see his child, he should communicate well with his ex-wife or negotiate with his family to tell his ex-wife that he also misses his child, and hopes that if he has time, he can visit his child.
Under normal circumstances, the ex-wife will agree, but it will be more efficient to communicate with the time.
2. Initiate a lawsuit in the people's court
The child is the joint child of the husband and wife, although the divorce and the child is awarded to one party, then the other party needs to pay child support on a regular basis.
At the same time, the other party also enjoys certain visitation rights.
Therefore, when our legitimate rights and interests are hindered, we can file a lawsuit with the court in advance, submit some relevant evidence, or explain some specific circumstances, and the people's procuratorate will give a certain reply according to the basic situation of the matter, but in general, we can not appeal, because for the growth and development of the child, it will be affected, and it is not good for the child itself, so if we can negotiate, we should try to negotiate to solve it. If the matter cannot be resolved through negotiation, the people's court has the right to let the other party enforce the law.
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It may be because there are contradictions between our adults, so it led to the end to the point of divorce, but the child is innocent, we should protect the child's heart, so that the child can feel the mother's love and father's love, not let the child feel, without the love of the parents, so that when the child grows up, the personality will be distorted, and the temper will be more irritable, so for the sake of the child, parents should still do things calmly, not to hurt the child's young heart.
Divorce is something we don't want to see, but if two people don't get along with each other because of divorce, it's not advisable, because after all, we still have children, so we should face it calmly.
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I suggest that both parties negotiate first and discuss the time to see the child. If it still doesn't work, find the neighborhood committee or village committee where you live to help mediate. In the end, the party who did not obtain custody of the child directly took the judgment or mediation letter to the court to apply for enforcement, so as to realize the request to see the child.
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After the divorce, it is wrong for the wife not to let you see the child, he does not have such power, you are the father of the child, you can see him, and you have to pay child support.
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The two of you should negotiate well, if the negotiation is really not appropriate, you can also go to the court to sue your wife, although the two of you are divorced, but you still have visitation rights.
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You can file a lawsuit in court, after all, even if you are divorced, you, as the father of the child, have the right to see your child.
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When divorcing, you must discuss how to take care of your children and other things, and don't encounter problems later.
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You can go through the legal process because your ex-wife simply does not have such a right to prevent you from exercising your guardianship rights.
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Legal analysis: two methods: if the parties are not allowed to see the children before the divorce, the parties had better negotiate with the other party to deal with it first, and further strive for their right to visit the children; If the two parties fail to reach an agreement through negotiation, they may file a lawsuit with the people's court to resolve the dispute.
In the absence of a divorce, both men and women have the same custody rights, and it is clearly illegal to refuse to visit.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Civil Code of the People's Republic of China
Article 1068: Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.
Article 1086:After a 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, 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.
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Legal Analysis: The court will determine the ownership of child custody according to the actual conditions of both parties and the principle of being beneficial to the child's growth. However, when the child is not yet two years old, it is generally given priority to the mother's custody, and the court will also seek the child's opinion when the child reaches the age of ten.
If one party is raising children, the other party has the right to visit and pay child support. The standard of child support, if there is a fixed income, the child support 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 child's actual expenses, 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 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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After the divorce, my ex-wife won't let the child meet me, what should I do? As deep as love goes, so does hate. The fact that your ex-wife doesn't want to meet you proves that your ex-wife has lost hope in you and is very, very sad to break off with you.
The reason why the woman does not let you see the child is very important, why the divorce child was awarded to the woman This may explain something, but you see the child This is your right, if you didn't do well at the beginning to lead to divorce, and you didn't care enough about the child at the beginning, then you have to change yourself now, just these few words can not see the problem between you, of course, you can also choose the law to solve, after all, the visitation right is yours, no one can take it away. I think there's a reason why she didn't show you! If it's not your fault!
Then you need to borrow the law to protect your rights as a father!
I remember the divorce law provisions! After the divorce, both parties cannot restrict the other party from seeing the children! Don't affect the child either!
Don't do anything that has a bad effect on your child! The ex-wife is not allowed to see the child, if you have custody, you have the right to see the child, the child is the legal person common to both men and women, and it is the crystallization of your previous love, divorce is an adult's business, and the child is innocent. You should have the right to watch the children, take your time, and persuade your ex-wife through multiple channels to let the children meet you.
If you don't spend a penny and want to meet your children, then there are so many good things waiting for you, there is no good thing in the world that you don't get for nothing, and your children will hate you for a lifetime in the future.
Think twice and show some sincerity, you say yes! If your ex-wife doesn't let you see your children, will the court cut you off for child support at the time of divorce, and if you don't pay a penny for child support, do you still have the face to see your children? Pull it down, your ex-wife and children are already heartbroken, and the best way to have no nostalgia for you is to communicate directly with your ex-wife!
1.**Communicate, ask what you have** are not doing well, ask, the reason, the child is sure to be able to see. Find problems under external and internal causes.
2.The ex-wife also said that she was not allowed for no reason. The only way to do that is to go through the legal route.
Look at the question of ownership! 3.Caring more about children, sometimes children are unwilling.
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You can go to court to sue because the wife won't let you see the children, she has broken the basic law, so you can go through this method.
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After a divorce, the child belongs to both parents, regardless of whether they are directly raised by the parents. The law states that even if the relationship between the husband and wife breaks down completely, the divorce will not have any effect on the relationship between the children. Parents who do not directly raise their children after a divorce have the right to visit their children, and the parent with custody has the obligation to assist.
It is also possible to communicate more, preferably peacefully.
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You can have a good discussion with your wife, you can say to your wife, I miss the child very much, but if your wife has not been allowed to see, you can file a lawsuit with the law, and you can also let the child make a choice, if the child is very willing to see you, then the parents are not qualified to stop it. Because you are fully entitled to visit your own children.
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This matter can be resolved by law, because such a practice is already illegal. And fathers have the right to see their children. Or hire a professional lawyer to fight a lawsuit with the other party to fight for child custody.
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I think you can go to court and sue your ex-wife at this time, because she is very wrong, you have the right to see your children, and you should sue her.
After your parents divorced, your mother didn't let you see your grandparents, so you can go and see them yourself when you grow up.
The specific explanation is as follows: <>
First of all, both parents need to negotiate. After all, parents should think about the happiness of their children, and divorce and not allowing them to see their children or visit them may lead to a lack of fatherly or maternal love for the children, alienating the relationship between the children and the father or mother, and is not conducive to the growth of the children. If parents can sit down and negotiate amicably on how to visit their children, then the question of what to do if they are not allowed to visit their children will be easily resolved, and everyone will be happy in the end. >>>More
It depends on the reason, if there is no reason, it is better to leave.
In fact, you have grown up, you can have a good talk with your father, some heartfelt words to say to him, only parents love their children in the world, I believe that your father will definitely agree to let you go to see your mother, or let your mother come to see you, don't be sad, there are some things that you will slowly understand in the future Follow-up: He is the most unreasonable ยทยท My mom can't come. I can't describe to you what kind of dad he is. >>>More
After the divorce, the man will not pay the child's tuition, at this time you should go directly to the court to sue the man to pay the child's tuition and living expenses, at this time you don't have to care about giving him face.