07/10/2022 11:46

Cases of parents with restricted visitation rights in Vietnam

Cases of parents with restricted visitation rights in Vietnam

Everyone wants to have a happy family, complete with both parents. Therefore, in any divorce, perhaps the children will be the most disadvantaged.

In fact, many cases after divorce, children are assigned to one party to take care of, while the other party has the right to visit the children. But relying on that visitation to hinder the child rearing and education of the person directly raising the child and adversely affect the child. Therefore, when the person who does not directly raise the child has acts that adversely affect the child, is it allowed to ask the Court to limit his or her right to visit the child?

Typically in the Judgment 06/2018/HNGĐ-ST dated February 8, 2018 on a dispute requesting to limit visitation rights, according to which:

" Mr. Le Thanh T and Ms. Bach Thi My T have been living together since 2014, divorced in 2017. Having a common child, Le Bach Kha H, born on August 23, 2015 is agreed to be assigned to Mr. T to take care and nurture. However, Mr. T said that every time Ms. T came to visit and take care of her children, Ms. T would find things to curse and cause disorder, affecting the activities of Mr. T's family and affecting the care and care of Mr. T's family. To educate children, local authorities have also educated many times, but Ms. T has not changed.

Therefore, Mr. T asked the Court to limit Ms. T's right to visit her child, Mr. T only agreed to let Ms. T visit Le Bach Kha H's child once a year on January 30, from 4.00 p.m to 7 p.m, Mr. T took the child himself to Ms. T's house for Ms. T to visit..."

The court ruled: Limiting the visitation rights of Ms. Bach Thi My T. Ms. Bach Thi My T has the right to visit her child named Le Bach Kha H born on August 23, 2015 once a month and is allowed to visit on holidays and New Year's Eve. Time and place to visit are agreed by Ms. T and Mr. T.

Compared with the law, Article 82 of the Law on Marriage and Family 2014 provides for restrictions on the right to visit children as follows:

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.

According to the provisions of Article 81, the Law on Marriage and Family 2014 also stipulates:

Article 81. Looking after, care for, raising and education of children after divorce

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.

This is a right as well as a personal obligation, which is mandatory for parents. If the person directly raising the child causes difficulties or obstructs the other person from visiting the child; or the person who does not directly raise the child, if abusing the visitation of the child to obstruct or adversely affect the child, is a violation of the law.

Therefore, not everyone who relies on being the parent of a child has the right to visit them and do whatever they want. They have to exercise their rights responsibly, thinking about their children's rights and comprehensive development, otherwise they will be restricted by the law on their right to visit their children.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
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