Are parents reclaim custody rights after divorce in Vietnam?

Are parents reclaim custody rights after divorce in Vietnam? (Illustrative Image)

Regarding this matter, LawNet would like to answer as follows: 

Pursuant to the provisions in Clause 1, Article 84 of the Law on Marriage and Family 2014, after a divorce, if there is a request from either parent, next of kin, a state agency in charge of family matters, a state agency in charge of children, or the Women’s Union, the Court may decide to change the person directly raising the child in Vietnam.

Therefore, according to regulations, the person who is currently directly raising the child after the divorce has the right to request the Court to change the person directly raising the child, to transfer custody rights to the non-custodial parent (ex-husband or ex-wife), or the non-custodial parent has the right to request the Court to change the custodial parent to regain custody in Vietnam. Additionally, in cases where the custodial parent is no longer fit to directly care for, nurture, and educate the child, on the basis of the child's best interest, next of kin or state organizations have the right to request a change in custody. However, changing the custodial parent (in other words, regaining custody) can only be settled by the Court in Vietnam when based on one of the following grounds:

Firstly, the parents have agreed to change the custodial parent in alignment with the child’s best interest.

When both spouses agree to change the custodial parent, they must jointly submit an agreement and subsequently request the Court to settle the change in custodial arrangements after having reached such an agreement.

After receiving the request, the Court will review and examine the nurturing conditions of the parent who wishes to regain custody. If it deems the agreement to be voluntary and in the best interest of the child, the Court will issue a decision to change the custodial parent.

Secondly, the custodial parent is no longer fit to directly care for, nurture, and educate the child.

In cases where the non-custodial spouse perceives that the custodial parent is no longer fit to directly care for, nurture, and educate the child, they have the right to request the Court to change custody. The fitness to directly care for, nurture, and educate the child is assessed based on the following aspects:

- Economic Aspect: The custodial parent must have stable economic conditions to adequately meet the material needs and basic living conditions for the child and themselves.

- Care and Nurturing Conditions: The custodial parent must have full civil capacity as prescribed, ample time to care for, educate, and show love to the child, creating a comfortable mental environment for the child.

Moreover, it is important to note that, in cases where the child is 7 years old or older, any change in custody or the regaining of custody must take into account the child’s wishes.

Thus, according to the analysis above, Ms. T has the right to request the Court to change the custodial parent if she and her ex-husband have reached an agreement, or if there is evidence that her ex-husband is not fit to directly care for, nurture, and educate the child. Additionally, if her child is over 7 years old, the child's wishes (whether to live with the father or the mother) must be considered. Conversely, if Ms. T’s ex-husband is fit to directly care for, nurture, and educate the child and does not agree to an arrangement, the Court will not settle Ms. T’s request.

Ty Na

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