Divorce is not simply the legal termination of a husband and wife relationship. Accordingly, even after completing the divorce procedure, the husband and wife will still have other relationships such as raising and visiting children when they divorce. Currently, many couples argue with each other over the issue of child visitation upon divorce. So about the matter “Right to pick up children after divorce under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Law on marriage and family 2014
What are the rights and obligations of parents towards their children upon divorce?
According to Article 58 of the Law on Marriage and Family 2014, the rights and obligations of parents and children after a divorce are specified in Articles 81, 82, 83, and 84 of the Law on Marriage and Family 2014 as follows:
* Rights and obligations to look after, care for, raise and educate children after divorce according to Article 81 of the Law on Marriage and Family 2014:
“Article 81. The care, care, upbringing and education of children after divorce
1. After a divorce, parents still have the right and obligation to look after, care for, raise and educate their minor children and adult children who have lost their civil act capacity or are incapable of working, and have no property to support themselves according to the provisions of this Law, the Civil Code and other relevant laws.
2. Husband and wife agree on who directly raises children, obligations and rights of each party after divorce towards children; in case no agreement can be reached, the Court shall decide to assign the child to one party to directly raise it based on the child’s interests in all aspects; if the child is full 07 years old or older, the child’s wishes must be considered.
3. Children under 36 months of age shall be assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for, nurture and educate the children or the parents have other agreements in accordance with their interests. my benefit.”
Rights and obligations of parents directly raising children
Article 83 of the Law on Marriage and Family 2014, Obligations and rights of the father and mother directly raising children towards the person who does not directly raise children after divorce are prescribed as follows:
“first. Parents who directly raise children have the right to request those who do not directly raise their children to perform the obligations specified in Article 82 of this Law; requesting the person who does not directly raise children and family members to respect their right to raise children.
2. Parents who directly raise children together with family members must not obstruct people who do not directly raise children in visiting, caring for, nurturing and educating their children.”
Rights and obligations of non-custodial parents
* In case, the mother does not directly raise the child after the divorce, the rights and obligations of the mother are specified in Article 82 of the Law on Marriage and Family 2014 as follows:
Parents who do not directly raise children have the obligation to respect the child’s right to live with the person directly raising them.
– Parents who do not directly raise children have the obligation to support their children.
– After a divorce, the person who does not directly raise the child has the right and obligation to visit the child without being obstructed by anyone. If a parent who does not directly raise a child abuses visitation to obstruct or adversely affect the care, care, upbringing and education of the child, the person directly raising the child has the right to request the Court to limit the visit that person’s child.
Thus, based on the above provisions, after a divorce, even if the mother does not gain the right and obligation to raise a child, she still has the right to look after, care for, raise and educate her minor child or adult child who has died. civil act capacity or inability to work and no property to support themselves; The father has the right and obligation to visit the child without being obstructed, and at the same time, the father has the right to directly raise the child and family members and must not obstruct the mother in visiting, caring for, nurturing and educating the child according to the regulations. of the Law on Marriage and Family.
Right to pick up children after divorce under Vietnam law
The right to visit children after a divorce is stipulated in Clause 3, Article 82 of the Law on Marriage and Family 2014 (Law on Marriage and Family), which stipulates that those who do not directly raise children have the right and obligation to visit their children after the divorce without anyone else’s permission. hamper. Thus, basically, the right to visit children after divorce is not limited. However, in case the person directly raising the child requests the Court to limit the visitation rights of the person who does not directly raise the child and is approved, the visitation rights for this person will be restricted.
Is it illegal to prevent the right to pick up children during divorce?
According to the provisions of Article 81 of the Law on Marriage and Family 2014, the care, care, rearing and education of children after divorce shall be agreed upon by the husband and wife themselves. If no agreement can be reached, the Court will appoint.
At that time, the person who does not directly raise the child must support the child. At the same time, this person also has the right to visit the child without interference.
In addition, Article 83 of the Law on Marriage and Family 2014 also clearly states:
The person directly raising the child is not allowed to obstruct or prevent the visit, care, rearing and education of the other person’s children.
Note: Although allowed and not prohibited, the person who does not directly raise the child can still have his or her visitation restricted if it adversely affects the child such as:
– Destroy your property
– Having a depraved lifestyle, affecting the care and education of children
– Instigating or forcing children to do things that are against the law or against social morality
Thus, it can be affirmed that not allowing children to visit after divorce is against the law. Only when there is a decision to limit visitation rights, can the person directly raising the child be prevented from visiting this child.
How to sanction acts that prevent the right to pick up children during divorce?
In case the father is the person who directly raises the child but does not allow the mother to exercise the rights and obligations to visit the child after the divorce, he will be administratively sanctioned according to Article 56 of Decree 144/2021/ND-CP as follows:
A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for preventing the right to visit and care for grandparents and grandchildren; between father, mother and child, except where parents have limited visitation rights under a court decision; between husband and wife; between brothers and sisters.
Note: This fine is applied to individual administrative violations. For organizations with the same violations, the fine level is 2 times higher than the fine level for individuals (according to Clause 4, Article 4 of Decree 144/2021/ND-CP).
Thus, according to the provisions of the Law on Marriage and Family 2014, after divorce, parents both have the right and obligation to look after, care for, raise and educate their minor children and adult children who have lost their capacity. civil acts or inability to work and no property to support themselves in accordance with the law. In case the mother is not the person directly raising the child, the mother still has the right and obligation to visit the child without anyone obstructing, the father has the right to directly raise the child and family members must not obstruct the mother from visiting, care, nurture and educate children. If there is an obstruction, the mother will be punished according to the provisions of the law, unless the mother has restricted visitation rights according to a court decision.
The right to pick up children upon divorce is prevented, what to do?
When the person who does not directly raise a child is not in the case of restricted visitation but is prevented from having the right to visit the child, it can be resolved in the following ways:
Agreement: It is necessary to raise the issue of agreement on visitation rights when resolving divorce between husband and wife. The parties should show the spirit of goodwill in matters of child care and upbringing.
Initiate a lawsuit at the Court: When being prevented from having the right to visit children but cannot reach an agreement, the person with the right to visit the child may initiate a lawsuit requesting the person who is directly raising the child to perform his/her obligation not to stop the child visitation rights to prevent and ban people who do not directly raise children. In case there are grounds to prove that the person who is directly raising the child is no longer eligible to raise the child, the person who is not directly raising the child has the right to request the court to change the person directly raising the child according to the provisions of Article 84 of the Law on Family Marriage.
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Frequently asked questions
After a divorce, even if the mother does not gain the right and obligation to raise a child, she still has the right to look after, care for, raise and educate her minor child or adult child who has lost his or her civil act capacity or is incapable ability to work and no assets to support themselves; The father has the right and obligation to visit the child without being obstructed, and at the same time, the father has the right to directly raise the child and family members and must not obstruct the mother in visiting, caring for, nurturing and educating the child,
If bringing the grandchild to visit the grandparents on the paternal side and celebrate the New Year with the paternal side is in accordance with the agreement of the husband and wife, and does not hinder or adversely affect the care, care, upbringing and education of the child, the Your job is completely legitimate for you to exercise your rights and obligations to look after, care for, raise and educate your children after a divorce in accordance with the law.
If it is justifiable to send your grandchild to visit your paternal grandparents, the act of preventing your grandchild from returning to his paternal family is an act of domestic violence.
Visitation rights are restricted by a court decision in one of the following cases:
Being convicted of one of the crimes of infringing upon the life, health, dignity and honor of the child with willful error or committing a serious violation of the obligation to look after, care for, raise and educate the child;
Dispersing children’s property;
Lead a depraved lifestyle;
Instigating or forcing children to do things that are against the law or against social morality;
Conclusion: So the above is Right to pick up children after divorce under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
