22/10/2024 08:50

What are regulations on the change of the person directly raising children after divorce in Vietnam? What are judgments related to this matter?

What are regulations on the change of the person directly raising children after divorce in Vietnam? What are judgments related to the change of the person directly raising children after divorce in Vietnam?

1. What are regulations on the change of the person directly raising children after divorce in Vietnam?

According to Article 84 of the 2014 Law on Marriage and Family, the regulations on the change of the person directly raising children after divorce are as follows:

- 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.

- Change of the person directly raising a child shall be settled when there is one of the following grounds:

+ The parents agrees on change of the person directly raising a child in the interests of this child;

+ The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child.

- Upon change of the person directly raising a child aged full 7 or older, this child’s desire shall be taken into account.

- 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.

- 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:

+ Next of kin;

+ The state management agency in charge of families;

+ The state management agency in charge of children;

+ The women’s union.

2. What are judgments related to the change of the person directly raising children after divorce in Vietnam?

Below are some judgments related to the change of the person directly raising children after divorce:

STT	Name of the judgment	Date of issue	Court of Appeal
1	Judgment 311/2024/HNGD-ST on the change of the person directly raising children after divorce	May 16, 2024	People's Court of Ba Dinh District, Hanoi City
2	Judgment 14/2024/HNGD-PT on the change of the person directly raising children after divorce	May 15, 2024	Dak Lak Provincial People's Court
3	Judgment 15/2015/HNGD-ST on the change of the person directly raising children after divorce	April 16, 2024	People's Court of Hai Chau District, Da Nang City
4	Judgment 08/2024/HNGD-ST on the change of the person directly raising children after divorce	April 12, 2024	People's Court of Binh Duong province
5	Judgment 01/2024/HNGD-PT on the change of the person directly raising children after divorce	April 12, 2024	People's Court of Ha Giang Province
6	Judgment 13/2024/HNGD-ST on the change of the person directly raising children after divorce	April 10, 2024	People's Court of Dien Chau District, Nghe An Province
7	Judgment 09/2024/HNGD-PT on dispute over the change of the person directly raising children after divorce	March 3, 2024	People's Court of Binh Phuoc Province
8	Judgment 22/2024/HNGD-ST on dispute over the right to request a change of the person directly raising children after divorce	February 2, 2024	People's Court of Cang Long District, Tra Vinh Province
9	Judgment 29/2024/HNGD-ST on dispute over the change of the person directly raising children after divorce	April 1, 2024	People's Court of Thuan An City, Binh Duong Province
10	Judgment 16/2024/HNGD-ST on dispute over the right to request a change of the person directly raising children after divorce	April 1, 2024	People's Court of Cang Long District, Tra Vinh Province
11	Judgment 28/2024/HNGD-ST on dispute over the change of the person directly raising children after divorce	April 1, 2024	People's Court of Thuan An City, Binh Duong Province
12	Judgment 16/2024/HNGD-ST on dispute over the change of the person directly raising children after divorce	March 29, 2024	People's Court of Nga Son District, Thanh Hoa Province
13	Judgment 19/2024/HNGD-ST on the change of the person directly raising children after divorce	February 6, 2024	People's Court of Thai Nguyen City, Thai Nguyen Province
14	Judgment 03/2024/HNGD-PT on dispute over the change of the person directly raising children after divorce	January 15, 2024	People's Court of N province, Nghe An province
15	Judgment 06/2024/HNGD-ST on dispute over the change of the person directly raising children after divorce	January 11, 2024	People's Court of N district, Hai Phong city
16	Judgment 27/2023/HNGD-PT on dispute over the change of the person directly raising children after divorce	December 28, 2023	People's Court of Hau Giang Province
17	Judgment 23/2023/HNGĐ-PT on dispute over the change of the person directly raising children after divorce and alimony	July 12, 2023	People's Court of City D
18	Judgment 22/2023/HNGĐ-PT on dispute over change of direct child custody after divorce	August 9, 2023	Dak Lak Provincial People's Court
19	Judgment 43/2023/HNGĐ-ST on dispute over the change of the person directly raising children after divorce	August 9, 2023	People's Court of An Lao District, Binh Dinh Province
20	Judgment 23/2023/HNGD-PT on dispute over the change of the person directly raising children after divorce	August 24, 2023	High People's Court in Hanoi
21	Judgment 25/2023/HNGD-PT on dispute over the change of the person directly raising children after divorce	August 4, 2023	People's Court of T province
22	Judgment 25/2023/HNGD-PT on dispute over change of direct child custody after divorce	June 19, 2023	People's Court of Province B
23	Judgment 02/2023/HNGD-PT on dispute over the change of the person directly raising children after divorce	June 14, 2023	People's Court of K province
24	Judgment 09/2023/HNGD-PT on dispute over change of direct child custody after divorce	September 5, 2023	People's Court of Quang Binh province
25	Judgment 08/2023/HNGĐ-PT on the change of the person directly raising children after divorce	March 31, 2023	Lam Dong Provincial People's Court
26	Judgment 09/2023/HNGD-PT on dispute over the change of the person directly raising children after divorce	March 17, 2023	People's Court of Tay Ninh Province
27	Judgment 27/2023/HNGD-PT on dispute over the change of the person directly raising children after divorce	February 28, 2023	People's Court of City H
28	Judgment 01/2023/HNGD-PT on the change of the person directly raising children after divorce	March 1, 2023	Ben Tre Provincial People's Court
29	Judgment 17/2022/HNGĐ-PT on dispute over the change of the person directly raising children after divorce	December 29, 2022	People's Court of Bac Lieu province
30	Judgment 29/2022/HNGD-PT on dispute over the change of the person directly raising children after divorce	December 22, 2022	An Giang Provincial People's Court

- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn

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