Is it possible to re-negotiate who directly raises the child after the Court's decision in Vietnam? Do I have right to take my child back to my parents' house after divorce in Vietnam?

Do I have right to take my child back to my parents' house after divorce in Vietnam?

My husband and I are divorced and have also agreed that my husband will raise the child, and I will not directly raise my child. Now I just came back from my country and want to take my child back to my parents' house to play. So, is it possible?

Answer: Pursuant to Clause 3, Article 82 of the 2014 Law on Marriage and Family stipulates as follows:

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.

Pursuant to Clause 2, Article 83 of the 2014 Law on Marriage and Family, it is stipulated as follows:

2. The parent directly raising a child and family members may not obstruct the person not directly raising the child from visiting, caring for, raising and educating this child.

Thus, if taking your child to visit her maternal grandmother is deemed not to cause any hindrance or negative impact on the child, you have absolute right to do so and your ex-husband and parent-in-laws are not allowed to prevent this in Vietnam.

Is it possible to re-negotiate who directly raises the child after the Court's decision in Vietnam? Do I have right to take my child back to my parents' house after divorce in Vietnam? (Image from the Internet)

Is it possible to re-negotiate who directly raises the child after the Court's decision in Vietnam?

My husband and I divorced. The court decided to give our children to my husband to raise. However, now we want the child to go to school closer to my house, can we agree that I will be the one directly raising the child?

Answer: Pursuant to Point a, Clause 2, Article 84 of the 2014 Law on Marriage and Family stipulates as follows:

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;

...

Thus, in cases where letting your child go to school near your house is a legitimate purpose and benefit for the child in Vietnam, the two of you can completely agree on this.

After divorce, if my children want to stay with me, can I regain children custody in Vietnam?

I got married and have 2 kids. In 2019 we divorced and their father was the one raising them. Now I want to ask, can I regain custody of my child? Because my two children also want to come and live with me, I hope to get some advice.

Answer: Clauses 1, 2, 3, Article 84 of the 2014 Law on Marriage and Family stipulates the change of person directly raising children after divorce as follows:

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.

.....

According to this Article, you can only change custody rights after divorce in Vietnam if there is one of two grounds:

- You and your husband agree to change custody rights to suit the child's interests;

- If no agreement can be reached, then your husband must no longer be qualified to directly look after, care for, raise, and educate the child.

Please note that only when your child is 7 years old or older will your child's wishes be considered in Vietnam. However, the basis for considering changing the person raising the child after divorce is not the child's wishes but one of the two bases listed above.

Best regards!