Is it possible to agree on the person directly raising children after divorce in Vietnam? What are judgment related to this issue?

1. Is it possible to agree on the person directly raising children after divorce in Vietnam?

According to Article 84 of the Law on Marriage and Family 2014 of Vietnam regarding the change of the person directly raising the child after divorce

- Upon the request of the father, mother, or individuals, organizations prescribed in Clause 5, Article 84 of the Law on Marriage and Family 2014, the Court may decide to change the person who directly raises the child.

- The change of the person directly raising the child is resolved when one of the following grounds is met:

+ The father and mother have an agreement on changing the person who directly raises the child in accordance with the child's interests;

+ The person directly raising the child is no longer eligible to directly take care of, nurture, and educate the child.

- The change of the person directly raising the child must consider the child's wishes if the child is 7 years or older.

- If both the father and mother are deemed unfit to directly raise the child, the Court shall assign the child to a guardian according to the provisions of the Civil Code 2015.

- Based on the child's interests, individuals, agencies, or organizations listed below have the right to request a change of the person directly raising the child if there are grounds as prescribed in Point b, Clause 2, Article 84 of the Law on Marriage and Family 2014:

- Relatives

- State family management agency

- State child management agency

- Women's union

Thus, the change of the person directly raising the child after the divorce can be carried out through parental agreement or by Court decision. Grounds for change include an agreement in line with the child's interests or when the current caregiver is no longer eligible...

2. What are judgments related to changing the person directly raising the child after divorce in Vietnam?

Below are some judgments related to changing the person directly raising the child after a divorce resolved by Courts in Vietnam:

Judgment 143/2019/HNGD-ST dated November 28, 2019 on the change of the person directly raising the child

- Adjudicating agency: People's Court of Luc Nam District, Bac Giang Province.

- Brief content excerpt: “After the judgment took legal effect, Ms. P wrote a letter of consent and voluntarily handed over the child to Mr. Upon handing over the child, Ms. P also provided Mr. with the child’s birth certificate and vaccination book. Mr. has been raising child E from July 29, 2018, to present. During the time Mr. was raising child E, Ms. P visited the child one to two times in 2019. Before that, Ms. P did not visit or inquire about the child's health. All living expenses and child rearing costs were solely borne by Mr.”

Judgment 18/2017/HNGD-PT dated July 05, 2017 on the change of the person directly raising the child

- Adjudicating agency: People's Court of Dong Nai Province.

- Brief content excerpt: “Ms. Th and Mr. T have two children together, Nguyen Le Gia H, born on April 30, 2008, and Nguyen Le Thanh H, born on June 03, 2010. They agreed that Nguyen Le Thanh H would be directly cared for, educated, and raised by Mr. T, and Nguyen Le Gia H would be directly cared for, educated, and raised by Ms. Th. Temporarily, neither parties are required to provide child support. In reality, Mr. T did not directly care for and educate Thanh H, instead leaving Thanh H with the paternal grandparents in L Commune, D District, while he worked in B City, Dong Nai Province, only occasionally returning to visit the child. Therefore, Ms. Th filed a lawsuit requesting to change the person directly raising the child, specifically requesting that she be granted the direct care, nurturing, and education of Thanh H.”

Judgment 10/2019/HNGD-ST dated June 06, 2019 on the change of the person directly raising the child

- Adjudicating agency: People's Court of Hai Chau District, Da Nang City.

- Brief content excerpt: “According to the consensual divorce agreement, Ms. M was the direct caregiver of the child. However, after a short period of raising the child, Ms. Tran Thi M encountered financial difficulties and took the child away to hide. Mr. C found Ms. M's hiding place and took the child back to directly nurture and stabilize the child's life. From the time Mr. C brought the child back to raise, Ms. M only visited the child a few times. Mr. C asserted that Ms. M lacked capability in all aspects like finances and housing. In reality, he has been directly raising the child, Truong Uyen N – born on December 10, 2013, from September 2018 to present. Therefore, Mr. C requested the Court to resolve the change of the person directly raising the child by assigning the common child, Truong Uyen N, to him for direct care until adulthood. Mr. C did not request Ms. Tran Thi M to provide child support.”

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