In case a wife wants to take the common child to settle abroad after divorce, is it necessary to obtain her husband's consent in Vietnam?

In case a wife wants to take the common child to settle abroad after divorce, is it necessary to obtain her husband's consent in Vietnam? (Image from the Internet)

According to the provisions of Article 83 of the Law on Marriage and Family 2014 stipulating obligations and rights of the parent directly raising children toward the person not directly raise children after divorce:

1. The parent directly raising a child has the right to request the person not directly raising this child to fulfill the obligations prescribed in Article 82 of this Law and request this person and family members to respect his/her right to raise the child.

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.

The exit of children under 14 years old is regulated in Clause 3, Article 15 of Decree 136/2007/ND-CP (amended and supplemented by Decree 94/2015/ND-CP ) on entry and exit of Vietnamese citizens as follows:

A dossier of application for a passport comprises:

a/ In case of direct submission of a dossier as stated at Points a and c, Clause 1 of this Article:

- The declaration for the grant of an ordinary passport, made according to a set form.

For under-14 children, their parents or guardians shall till in and sign the declaration form; if the parent wishes to use his/her passport also for the child(ren), he/she shall declare information on the child(ren) in his/her declaration form.

- A copy(ies) of the birth certificate(s) of the under-14child(ren).

Upon submitting the dossier, the applicants valid peoples identity card must also be produced for comparison.

Thus, if you take your child to settle abroad, the law does not require to obtain your husband's consent. You can completely fill out the application form for your child's passport yourself. The divorce judgment or decision of the Court is the basis to prove your right to care and raise your child, and take your child abroad to settle.

However, you must note that your husband can request a change in child custody rights in Article 84 of the Law on Marriage and Family 2014:

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.

In case your husband file a lawsuit to the Court to change custody of the children after divorce, proving that taking the children abroad will limit the right to visit and care, affect the child's development, the Court may change your custody rights. At that time, you will no longer be able to take your children abroad.

Best regards!