When married life is at an impasse and cannot be reconciled, many people will choose divorce. One of the issues they are most concerned about is who will get custody of children in divorce in Viet Nam. How to win custody of children? LSX Law firm is pleased to answer any questions as follows.
Marriage and Family Law 2014
Civil Procedure Code 2015
Right to request the Court to settle divorce in Viet Nam
According to Article 51 of the Law on Marriage and Family 2014, the right to request divorce settlement is 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 cannot perceive and control his/her acts due to a mental disease or another disease. And a party 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 nursing an under-12-month child.
The law of marriage and family always protects the rights and interests of women and children. The husband has the responsibility to take care of his wife during pregnancy or child-rearing. So the husband does not have the right to request a unilateral divorce. In this case, the CourtCourt has the right not to accept.
However, if the wife wants a divorce unilaterally, divorce her husband or both husband and wife agree to divorce and ask the CourtCourt to resolve the divorce.
Custody of children in divorce in Viet Nam
Custody of children under three years old in divorce in Viet Nam
According to Clause 3, Article 81, Marriage and Family Law 2014:
The mother shall directly raise a child under 36 months of age. Unless the mother cannot afford to look after directly, care for, raise and educate the child or otherwise agreed by the parents in the child’s interests.
This principle aims to ensure the full development of the child’s physical, mental, and emotional well-being. The husband is obligated to support a sum of money to support his wife’s child-rearing.
However, suppose the mother is not eligible to look after and raise the child directly. In that case, the CourtCourt will consider choosing a suitable option for the benefit of the child.
Custody of children over three years old in divorce in Viet Nam
For children over three years old, if the couple can come to an agreement, the CourtCourt will record the agreement of both parties on child-rearing in the divorce decision.
In case the two parties can not reach an agreement and the conciliation fails. If it is requested, the CourtCourt will resolve delimitation under the law.
For children over three years old to under seven years old, the parents have the right to custody by proving who will qualify the material and spirit to ensure the best rights and interests of children.
Material factors are such family background, income, economic conditions, assets. Mental factors; Time care, teach, educate, conditions for recreation, education. Party to give the base more convincing will be the CourtCourt considered resolved and empowerment to raise children.
For children over seven years old, the CourtCourt will consider the child’s wishes to decide on child custody.
Hope the article is helpful for you to read!
Divorce is the termination of the marital relationship decided by the Court at the request of the wife or husband or both spouses, canceling the legal and responsibilities of marriage and other civil obligations.
Voluntary divorce is a case in which both spouses voluntarily divorce and have reached an agreement on the division of property, the care, nurturing, care, and education of children based on ensuring legitimate interests.