After divorce, is it legal for my husband to not let me visit my children in Vietnam? If my wife is pregnant with another person, is this child a common child of us in Vietnam?

After divorce, is it legal for my husband to not let me visit my children in Vietnam?

My husband and I have just been divorced for 3 months, the Court decided that my husband is the one raising our child. But in the past 3 weeks, I came his house to visit my child and was prevented from seeing him. He used the excuse that he was afraid of theft so he wouldn't let me see him. I would like to ask, is it right or wrong to do so?

Answer: Pursuant to Article 82 of the Law on Marriage and Family 2014, it stipulates the obligations and rights of the parent who does not directly raise children after divorce as follows:

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.

Pursuant to Article 53 of Decree 167/2013/ND-CP stipulates as follows:

A caution or a fine of between VND 100,000 and 300,000 shall be imposed for acts to prevent visitation and care rights between grandparents and grandchildren; between parents and children, except for cases where the parental visitation rights is limited under the decision of the court; between husband and wife; between brothers and sisters together.

So, in principle, you have right to visit your child without being obstructed. That person's excuse of fear of theft is unfounded if this is not proven.

Furthermore, there are many ways to visit, not necessarily at your ex-husband's home. Therefore, intentionally obstructing the meeting between you and your child will result in a warning or a fine from 100,000 VND to 300,000 VND according to the above regulations in Vietnam.

After divorce, is it legal for my husband to not let me visit my children in Vietnam? If my wife is pregnant with another person, is this child a common child of us in Vietnam? (Image from the Internet)

If my wife is pregnant with another person, is this child a common child of us in Vietnam?

I want to ask about the case, when my wife becomes pregnant with another person during marriage, is it our common child?

Pursuant to Clause 1, Article 88 of the Law on Marriage and Family 2014 stipulates as follows:

Answer: A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.

A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.

A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.

According to this Article, in principle, a child born during marriage or because the wife is pregnant is the child of spouse, it does not matter whether your wife is pregnant with you or another person. 

However, you can also refuse to recognize that child with evidence proving that it is not your child and ask the Court to resolve it in Vietnam.

If a wife has an affair and gets pregnant, will her husband not allow to divorce in Vietnam?

I heard information from my friend that the husband's request for divorce will not be accepted by the Court in case the wife is pregnant. However, here it is the wife's fault for having an affair and getting pregnant, not the husband's fault. Is that still not possible?

Answer: Pursuant to Clause 3, Article 51 of the Law on Marriage and Family 2014 stipulates the right to request settlement of divorce as follows:

1. Husband or wife or both has or have the right to request a court to settle their divorce.

2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

3. A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

Thus, according to the above regulations and the case you mentioned, if the wife has an affair and becomes pregnant, in principle the husband does not have right to request a divorce because the wife is pregnant in Vietnam. Therefore, the law stipulates this principle to protect the pregnant mother and her fetus when falling into this situation.

Best regards!