Vietnam: Does the wife have the right to request a change of direct custody of the child after the divorce in case the child stays with her husband who is beaten by the stepmother?
- Only the person who directly raises the child after the divorce has the right and obligation to care for, nurture, and educate the child, right in Vietnam?
- What rights and obligations does a person who does not directly raise a child after a divorce have in Vietnam?
- Does the wife have the right to request a change of direct custody of the child after the divorce in case the child stays with her husband who is beaten by the stepmother in Vietnam?
Only the person who directly raises the child after the divorce has the right and obligation to care for, nurture, and educate the child, right in Vietnam?
Pursuant to the provisions of Article 81 of the Law on Marriage and Family 2014 of Vietnam as follows:
Article 81. Looking after, care for, raising and education of children after divorce
1. After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.
2. Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.
Accordingly, after a divorce, both parents have the right and obligation to look after, care for, nurture and educate minor children, adult children who have lost civil act capacity or are unable to work and do not have assets to support themselves as prescribed. Spouses agree on who directly raises the children. In case, the child under 36 months of age is assigned to the mother directly, unless the mother is not eligible to directly care for, care for, nurture, educate the child or the parents have other agreements in accordance with the interests of the child.
What rights and obligations does a person who does not directly raise a child after a divorce have in Vietnam?
According to Article 82 of the 2014 Law on Marriage and Family of Vietnam:
Article 82. Obligations and rights of the parent who does not directly raise children after divorce
1. The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.
2. The parent who does not directly raise a child shall support this child.
3. After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.
The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.
Accordingly, parents who do not directly raise their children after divorce have rights and obligations to their children according to the above provisions.
Vietnam: Does the wife have the right to request a change of direct custody of the child after the divorce in case the child stays with her husband who is beaten by the stepmother?
Does the wife have the right to request a change of direct custody of the child after the divorce in case the child stays with her husband who is beaten by the stepmother in Vietnam?
Article 84 of the 2014 Law on Marriage and Family of Vietnam provides for the change of direct custodian of children after divorce:
Article 84. Change of the person directly raising children after divorce
1. At the request of a parent or a person or an organization prescribed in Clause 5 of this Article, a court may decide to change the person directly raising a child.
2. Change of the person directly raising a child shall be settled when there is one of the following grounds:
a/ The parents agrees on change of the person directly raising a child in the interests of this child;
b/ The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child.
3. Upon change of the person directly raising a child aged full 7 or older, this child’s desire shall be taken into account.
4. When seeing that both parents fail to have sufficient conditions to directly raise a child, a court shall decide to assign this child to a guardian in accordance with the Civil Code.
5. When there is the ground prescribed at Point b, Clause 2 of this Article, in the interests of a child, the following persons, agencies or organizations have the right to request change of the person directly raising this child:
a/ Next of kin;
b/ The state management agency in charge of families;
c/ The state management agency in charge of children;
d/ The women’s union.
Accordingly, in case of a request by the mother, the Court may decide on the change of direct custodian of the child. The change of direct custodian of the child is resolved when one of the following grounds is available:
- Parents have an agreement on changing the direct custodian of the child in accordance with the interests of the child;
- Or the person directly raising the child is no longer eligible to directly care for, care for, nurture or educate the child.
In case the child is at least 07 years old, the change of direct custodian must consider the child's wishes.
So, in her case, can she agree with her ex-husband to change the person who directly raises the children? If your husband agrees, you can ask the Court to decide on the change of direct custodian. In case her ex-husband does not agree, she must prove that her current ex-husband is no longer qualified to care for, care for, nurture and educate the children:
- Now that the ex-husband is married to someone else, it means that he will have his own child with that woman, there will not be much time left for his or her children together.
- According to the you provided, the second wife of her ex-husband beat her child, so that the child living with her father would not be carefully cared for, nurtured and educated in the best environment.
In this case, you must prove the above then the Court can decide to change the person directly raising your child.
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