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Visitation Right in Divorce Case

  • Time:2018-01-05
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Not to miss the visitation right in the divorce case 
The right of visitation, also known as the right to meet the child, refers to the right to visit, contact, meet and interact with the minor children owned by the father or mother who does not directly support their children after the divorce. Article 38 of the Marriage Law provides that: “after divorce, the father or mother who does not directly support their children has the right to visit their children and the other party has the obligation to assist. The way to exercise the right of visit shall be decided by the people's court in the absence of the agreement of the parties. If exercising of the visitation right may render harmful effect against the child’s physical or mental health, the people's court may suspend such visitation right in accordance with the law.  However, such right can be resumed after the disappearance of the cause of the suspension.
Generally, as to the method and time of how such visitation right shall be exercised, the court does not adjudicate them based on initiative. If the client needs the court to determine the specific time and manner of visiting his or her children, the lawyer shall promptly put forward his case in court because the judge will only rule on who shall be the custodian and how much child support shall be paid in practice. Since the court may not give the decision on exercising visitation right, it’s generally important for the lawyer to raise this if the client thinks this could be a real problem after the dissolution of the marriage. There was a case where this invitation right was not mentioned in the divorce case and one party refuses to let the other party who is not living with the child to visit the child. The client has to initiate an individual case against the custodian as there is no other way unless the parties can reach an agreement about the time and manner of visiting the child. 


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