In fact, after divorce, one of the sensitive issues that often causes major conflicts between parents ischild visitation rights. Many people feel they are prevented from seeing their children as agreed or committed in the divorce decree. The article below will provide you with the latest updates on Vietnamese law, solutions when visitation rights are violated, and practical notes to protect the rights of both parents and children.
According toArticle 82 of the Law on Marriage and Family 2014, after divorce,Parents who do not directly raise the child have the right to visit and care for the child; No one can hinder this
Simultaneously,Article 83clearly stipulates: the person directly raising the child and family members must not prevent the other person from visiting, caring for, and educating the child.
However, this right is not absolute: if the person does not directly raise the childabusing visitation to hinder custody rights, negatively affecting the child, then the person directly raising the child has the right to request itCourt limits visitation rights
Besides,Article 56 of Decree 144/2021/ND-CPregulations: acts of preventing the exercise of rights in family relations (including visitation of children) may be subject to administrative sanctions, with fines ranging from5,000,000 to 10,000,000 VND
The law and relevant documents have foreseen a number of cases that limit visitation rights to protect the best interests of the child:
The person who does not directly raise the child is convicted of violating the child's life, health, dignity, and honor.
There is a serious violation of the obligation to care for, raise and educate the child.
Destroy your child's property.
Having a depraved lifestyle or forcing children to work against the law or social ethics.
Abusing visitation rights to negatively affect the person raising the child.
In the above cases, the Court mayLimit visitation rights to childrenof the non-custodial parent based on a legally grounded request.
When your right to visit your children after divorce is affected - for example, it is hindered or not carried out as promised - you can take the following steps:
Before going to court, you should:
Contact directly, talk calmly with the other person to find a way to agree on a visitation schedule, meeting method, and pick-up/drop-off method that is convenient for both parties and consistent with the child's study and living time.
If you cannot conciliate yourself, you can ask relatives, family, or a conciliation agency in the commune/ward to step in to support both parties in finding a common solution.
If the two parties reach an agreement, it should be put in writing, notarized/authenticated if possible, and send a petition to the Court to record the agreement in the divorce judgment/decision to increase its legal binding.
Civil agreements are often flexible, less stressful and suitable when both parties still want to maintain a good relationship for the sake of their common children.
If the divorce judgment or decision determines visitation rights that the other party intentionally violates (obstructing, refusing to see the children), you can:
Prepare documents including: application for judgment enforcement (form D04‑THADS), divorce judgment/decision, evidence showing a violation or obstruction of visitation rights (for example: minutes of testimony, recorded evidence, witness statements, confirmation of the People's Committee/ward...).
Submit your application atCivil Judgment Enforcement Departmentthe place where the judgment/decision is issued or where the requested person resides.
The enforcement agency may force the violating party to exercise visitation rights or apply appropriate enforcement measures.
Note: enforcing a visitation right judgment is often more difficult than enforcing a property judgment because it involves children, emotions and practical management. Therefore, collecting clear evidence is very important.
If the obstruction of visitation rights is serious and greatly affects the child's rights, you can consider filing a lawsuit to requestChange the person directly raising the child. The basis for this request could be:
The person raising the child no longer has enough conditions for care and education (financial, health, living environment).
There are new reasons and new evidence showing that keeping the same foster parent as before is no longer in the best interests of the child.
For children 7 years of age or older, the Court will consider the child's wishes when deciding to change the caregiver.
Changing the adoptive parent is a strong measure that requires careful preparation of documents and strong arguments, because the Court always prioritizes the stability and psychology of the child when deciding to change.
If the other party abuses visitation rights to cause negative effects (for example, entices the child to do unethical things, denounces the child, takes the child away not according to the agreement, prevents the other party from raising the other party...), you can:
Submitpetition to the Court to limit visitation rights(according to the form provided by the Court) with divorce judgment and evidence of abuse.
Submit to the District People's Court where the father or mother resides (where has jurisdiction).
The court considers the legal conditions (such as the child's rights, the nature of the accused behavior) to see whether to approve the restriction or not.
Below are some experiences learned from practice when assisting customers in resolving child visitation rights disputes:
Collect evidence early and thoroughly
– Minutes of testimony and confirmation from neighbors, residential groups, and area police if there is intervention.
– Message, email, audio recording, video if there is obstructive behavior.
– Confirmation from the People's Committee or Head of the hamlet/ward that the other person does not allow visits or causes obstructions.
The more detailed the agreement, the better
When agreeing on a visitation schedule, you should clearly state: time, location, method of pick-up/drop-off, who is responsible for travel expenses, and any special circumstances (illness, school schedule) that change.
Respect your child's psychology
Avoid using children as "tools" for disputes. Always put your child's interests first, maintain a civilized and peaceful attitude when meeting or communicating with the other party.
Prioritize conciliation and mediation solutions
Although the law is important, prolonged conflicts affect both the child and both parties. If possible, use family mediation or third-party mediation to reduce tensions.
Proactively request to avoid violations
If you are hindered, don't wait too long: request enforcement of the judgment or file a lawsuit as soon as there are grounds. Leaving it too long can lead to difficulty collecting evidence or negatively affect the child's psychology.
Consider changing farmers when necessary
When visitation rights are seriously violated or the foster carer is no longer qualified to care for you, don't hesitate to ask to change the foster carer if it suits the child's interests.
JobResolve disputes over child visitation rights after divorceIt is not simply a dispute between parents, but is closely related to the spiritual, emotional and developmental rights of children. Thanks to the provisions of the Law on Marriage and Family (Articles 82, 83), Decree 144/2021/ND-CP, the person who does not directly raise the child has the right to visit without being hindered, and the person directly raising the child has the right to request restrictions if the other person abuses that right.
When faced with this dispute, prioritizeconciliation – agreementfirst, if not successful then move onrequest enforcement of judgment, sue to change foster care, or request to limit visitation rightsaccording to each specific situation. But regardless of direction, preparing sufficient evidence and keeping an attitude towards your child's benefits is the key to determining success or failure.
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