Is a wife allowed to prevent her husband from visiting the children after divorce in Vietnam?

Is a wife allowed to prevent her husband from visiting the children after divorce in Vietnam? (Internet image)

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

1. Regulations on looking after, care for, raising and education of children after divorce in Vietnam

According to Article 81 of the Law on Marriage and Family 2014, regulations on looking after, care for, raising and education of children after divorce are as follows:

- After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with the Law on Marriage and Family 2014, the Civil Code and other relevant laws.

- Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.

- A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.

2. Is a wife allowed to prevent her husband from visiting the children after divorce in Vietnam?

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

- 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.

- The parent who does not directly raise a child shall support this child.

- 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.

In addition, Article 83 of the Law on Marriage and Family 2014 stipulates the obligations and rights of the parent directly raising children toward the person not directly raise children after divorce as follows:

- The parent directly raising a child has the right to request the person not directly raising this child to fulfill the obligations prescribed above and request this person and family members to respect his/her right to raise the child.

- 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, after divorce, the person who does not directly raise the child has the right and obligation to visit and care for the child without anyone hindering him/her.

Therefore, a wife is not allowed to prevent her husband from visiting his children according to the provisions of law.

3. Change of the person directly raising children after divorce

- 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.

- Change of the person directly raising a child shall be settled when there is one of the following grounds:

+ The parents agrees on change of the person directly raising a child in the interests of this child;

+ The person directly raising the child no longer has sufficient conditions to directly look after, care for, raise and educate the child.

- Upon change of the person directly raising a child aged full 7 or older, this child’s desire shall be taken into account.

- 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.

- 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:

+ Next of kin;

+ The state management agency in charge of families;

+ The state management agency in charge of children;

+ The women’s union.

Thus, when there is a request to change the person directly raising the child of the father, mother, or the individual or organization mentioned above, or the parents have an agreement on changing the person directly raising the child, or the person directly raising the child is no longer qualified to directly look after, care for, raise, and educate the child, the Court will consider changing the person directly raising the child to suit the child's interests.

(Article 84 of the Law on Marriage and Family 2014)

Nguyen Ngoc Que Anh

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