Insights

Can Ningbo not let each other see children

Ningbo Author：LuXu WANG

Is it the right to "not let him see the child" if the custody is his own? Many direct dependents have this idea. Legally, visitation is the right of the other party, and you only have the obligation to assist. The cost of "not allowing to see" may be greater than expected.

1. visitation rights

the Civil Code provides that a father or mother who does not directly raise a child after divorce has the right to visit the child, and the other party has the obligation to assist. In other words, the right of visitation belongs to the non-dependent party, and the dependent party must cooperate and cannot be deprived unilaterally.

The subject of rights is not the dependant.

The decision to "let or not" is not in the hands of the direct caregiver. Even if custody belongs to you, visitation is still the legal right of the other party, and you only have the obligation to assist, arrange and cooperate.

Duty to assist 2. direct dependents

assistance includes the provision of access, timely handover, and no unreasonable obstacles. Long-term refusal on the grounds of "the child does not want to see" and "I do not have time" is a failure to fulfill the obligation of assistance and may bear legal consequences.

Children's willingness to be treated rationally

the expression of the older child can be used as a reference for visiting arrangements, but cannot be an excuse for the dependent to unilaterally refuse to visit. Especially young children, whose "unwilling" is often influenced by people around them, need to be carefully judged.

3. of the circumstances to restrict visitation

only when the visit is really not conducive to the physical and mental health of the child can it be suspended in accordance with the law, and it must be decided by the court, not the dependant. For example, there are cases of abuse, coercion, and risk of removal by the visiting party.

1. Restrictions to go through procedures

if the other party's visit is considered harmful, it shall collect evidence and apply to the court for suspension of the visit, which shall be examined and decided by the court. Refusing on their own "across the board", they instead put themselves on the side of non-compliance.

2. Restricting visitation procedures to go through

the correct path is to file a suspension of visitation with the court that made the original judgment, or to file an objection in the enforcement procedure, which is decided by the court. The materials to be submitted include hospital diagnosis certificate, alarm receipt, community visit record or children's psychological evaluation report. Self-severing contact, changing address and pulling black communication are self-reliant, which will not be recognized, but will become strong evidence for the other party to apply for a change of dependency.

Consequences of 4. obstruction of visits

if the visit is obstructed for a long time, the other party may apply for enforcement; if the circumstances are serious, the court may take corresponding measures against it, or even support the change of the dependency relationship. Punishing an ex-spouse with "no permission to see" may eventually hurt his or her dependency status.

The chain effect of 5. obstruction of visitation on the ownership of custody

many people think that the actual consequences of not allowing children to be said at most are far more than that. Whether the dependant cooperates with the visit is an important indicator for the court to assess whether it is conducive to the healthy growth of the child. If compulsory measures are taken more than twice in a year for obstructing visits, the support rate of the other party's request to change the support relationship has increased significantly.

The more realistic impact is reflected in alimony and property disposal. The party who has blocked visits for a long time often has difficulty obtaining support when claiming to increase alimony. If the blocked party requests a suspension of payment on the grounds that the other party fails to perform its obligation to assist, although it is usually not supported, it will prompt the court to make the visiting arrangement more specific and enforceable, and even set a liability clause for breach of contract in the judgment.

6. case proof

in practice, if the direct dependant refuses to assist in visiting for a long time without justifiable reasons, after the non-dependant applies for enforcement, the court may order it to perform within a time limit, and if it still fails to cooperate, it may be fined. The fine for individuals generally does not exceed 100000 yuan, and if the circumstances are serious, it may be detained for less than

15days.

In practice, if there is evidence to prove that the visiting party has alcohol abuse, drug abuse, violence or infectious diseases that are not conducive to the physical and mental health of the children, if the direct dependant applies for suspension of the visit, the court shall rule to suspend the visit according to law; after the reason for suspension disappears, the visit is generally resumed within

30days after the application.

In practice, if both parties make specific agreements on the frequency, duration and handover place of visits, subsequent implementation disputes will be greatly reduced, and the automatic performance rate of such clear judgments can reach more than 80%. The more common arrangement in the judgment is to visit twice a month for no more than 48 hours each time. Summer and winter vacations will be arranged to live together continuously for 10 to 20 days. The handover place will be fixed in neutral places such as schools or communities.

In practice, in visiting enforcement cases, the majority of non-dependent parties who have applied for enforcement and have been clarified by the court to resume cooperation, and less than 20% of them have actually entered the fine link. It usually takes 1 to 2 months from filing the case for enforcement to resuming the visit for the first time.

7. Risk Alert

  • mistake custody rights equal visitation decisions.
  • Use "the child won't" to cover up unilateral rejection.
  • Refuse on your own across the line and stand on the non-performing party.
  • It's time to suspend the procedure but stop it privately.
  • Long-term obstruction of anti-custody rights was changed.

8. FAQ

can I not watch if I have custody?

Can't. Visiting is the other party's right, you only have the obligation to assist, unilateral deprivation is illegal.

What circumstances can limit?

When the visit is not conducive to the physical and mental health of the child, the court will decide to suspend it, and it is not up to you.

Always not allowed to see the consequences?

The other party may apply for enforcement, serious possible changes in the dependency relationship.

What if the child says he doesn't want to see?

The wishes of older children can be used as a reference, but not as an excuse for unilateral refusal, especially for younger children.

I will raise the child and the other party will not pay alimony. Can I not let him see it?

cannot be hooked. Maintenance and visitation rights are two separate obligations, and the other party's arrears should be resolved through enforcement procedures, so that refusing to visit instead makes itself a defaulting party.

Practical Experience of 9. Lawyers

visiting is the right granted by law to the party who does not directly raise the child, and the party who directly raises the child has the obligation to assist, and it is generally untenable to obstruct it at will. So unless there is a statutory restriction on visitation, "I won't let him see" is likely to be detrimental to you in turn: the other party can apply to enforce visitation arrangements and even question your cooperation on custody issues. What really needs to restrict visits is usually that visits will cause obvious disadvantages to the child's physical and mental health, and it depends on evidence and cannot be decided by emotion.

If there are indeed reasons that are not suitable for visiting, such as the other party's tendency to violence, alcoholism, improper behavior towards the child, etc., it is necessary to fix the evidence and explain the specific facts as soon as possible, instead of saying in general terms that "he will make trouble when he sees the child". We can put forward more suitable plans for children on the time, place and mode of visiting, such as limiting to public places, shortening the duration of a single visit, and being accompanied by a third party at the initial stage. We can replace simple refusal with specific arrangements to protect children and avoid being identified as obstructing without reason.

On the other hand, the direct support party can not use the visit as a bargaining chip, and use the practice of "giving money to see" to coerce the other party, which is not only lack of basis, but also may affect the judge's judgment on you. It is more prudent to write the visiting arrangement into the agreement or judgment to clarify the consequences of breach of contract. Treating visits separately from alimony and custody, and talking about it separately, the whole thing will be much more controllable. If the other party does not pay alimony for a long time, it should be claimed through litigation or enforcement procedures, rather than in exchange for visits.