Can parents agree on child custody when the divorce judgment has taken effect in Vietnam?

Can parents agree on child custody when the divorce judgment has taken effect in Vietnam?

If the husband and wife are divorced and the divorce judgment has taken effect, can the parents agree on child custody? Hope to receive advice soon.

Reply: 

In Article 84 of the Law on Marriage and Family 2014, it is stated:

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.

Thus, according to the above provisions in Vietnam, even though divorce judgment has taken effect, the parties are still entitled to change the person directly raising the child in case the parties have an agreement on who directly raises the child, or when the parent has right to raise and take care of the child before is no longer eligible to raise the child.

Can I regain child custody when someone in my wife's family returns from prison in Vietnam?

My wife takes care of a 9-month-old baby, but my wife's family has a prisoner who has to live with my child, so can I have right to custody of my child? My wife and I were previously divorced and the Court assigned the child to my wife for adoption.

According to the Law on Marriage and Family 2014 , in principle, upon divorce, children under 36 months of age are assigned to their mothers to directly raise them, unless the mother is not qualified to directly look after and care for them. rearing, educating the child or the parents having other agreement in accordance with the child's interests.

At the request of parents or individuals or organizations (including: relatives; state management agencies in charge of the family; agencies in charge of state management of children; women's unions) The court may decide to change the person directly raising the child.

The change of the person directly raising the child shall be settled upon having 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.

Thus: Pursuant to the provisions cited above, the husband has the right to request the Court to decide on the change of the person directly raising the child when there is one of two grounds:

- The husband has re-agreed with the wife (who is directly raising the child) on the assignment of the husband to directly raise the child in accordance with the child's interests.

- The wife who is directly raising the child is no longer eligible to directly look after, care for, raise and educate the child.

The case where my wife's family has a prisoner returning to live together is not determined as a basis for the Court to decide to change the person directly raising the child.

Therefore: You cannot base yourself on the reason that my wife's family has a prisoner living together to gain custody of the children.

Counseling to regain custody of children after divorce in Vietnam?

Hi everybody. I have a problem that I would like advice on. Looking forward to everyone's support.
1. I completed the divorce procedure in June 2018. In the divorce decision, the child will be raised by her husband without support from the mother. Regarding visitation rights, how to ensure the rights of the baby. However, before the divorce agreement, the two sides agreed by text message on the phone that I would welcome the baby to celebrate Tet with me once, every year in the summer, I would welcome her in. When I went to the court to do the procedure, I asked if I could write it like that, the court said it couldn't.
2. After completing the procedures in court, my ex-husband immediately refused to let me pick up the baby during Tet and summer. Also often texting with the content of not letting me see my child, asking not to come near my child. When I call to meet, I always use the excuse to work far away or be busy. Sometimes when my son asks for it, he calls me so I can talk to him. I only have text messages from my ex-husband and no other evidence. Before the divorce, I often received messages threatening to not let me see my children.
3. I want to change custody now. My ex-husband has had a new wife since September 2018. My job is to drive a car, so I often have to travel far. Having a private house built when both parties are in the process of divorce. I am currently working 9 million monthly salary. Accommodation in Ho Chi Minh City. With such conditions, how likely is the child to be raised? My son has been staying at his grandfather's house since his childhood because his paternal side did not agree to let him visit his grandmother. He won't let me go home until I'm old enough.

Reply:

For child visitation issues:

Article 82 of the Law on Marriage and Family 2014 provides:

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.

Thus, the ex-husband's obstruction of the right to visit children and not allow the children to return to their maternal home is contrary to the above provisions. This act will be administratively sanctioned according to the provisions of Article 56 of Decree 144/2021/ND-CP. According to this Article, your ex-husband may be fined from VND 5,000,000 to VND 10,000,000.

Regarding the issue of regaining custody of children:

According to Article 84 of the Law on Marriage and Family 2014, the change of person directly raising children shall be settled when having 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.

Thus, at present, you can only regain custody of your children only when your ex-husband is no longer eligible to directly look after, care for, raise and educate your children in Vietnam. The fact that your husband married a new wife is not enough evidence to prove it.

Best Regards!