Divorce in Vietnam: Can One Parent Be Prohibited from Taking the Child Abroad?

After her divorce, Ms. Minh (from Ho Chi Minh City) was granted custody of her child and is planning to send the child to study in Canada. However, Mr. Tuan—the child's father—is concerned that long-distance education will significantly impact his visitation rights. The question arises: Can Mr. Tuan prevent Ms. Minh from taking their child abroad?

Child Custody and Visitation Rights After Divorce in Vietnam

According to Article 81 of the Law on Marriage and Family 2014, both parents retain their rights and obligations to care for, raise, and educate their child after divorce. The parent who is granted custody is primarily responsible for ensuring the child’s best interests.

The non-custodial parent still retains visitation rights and responsibilities, and no one is allowed to obstruct these rights.

If one parent takes advantage of taking the child abroad to hinder the other’s visitation rights, it may be considered a violation. Vietnamese law strictly prohibits unlawful interference with a parent's visitation rights.

Can the Other Parent Be "Prohibited" from Taking the Child Abroad Under Vietnamese Law?

1. No Absolute Prohibition

There is no absolute prohibition in Vietnamese law preventing a custodial parent from taking a child abroad—whether for resettlement, education, or long-term residence—provided that it serves the child’s best interests. If the relocation is suitable and offers a better environment for the child, it is generally legally acceptable.

2. Legal Action if Visitation Rights Are Affected

Under Article 82, if taking the child abroad significantly obstructs visitation, the non-custodial parent may request the court to:

• Restrict the right to take the child abroad, or

• Change custody arrangements under Article 84 if it's deemed that the child’s interests or visitation rights are substantially impacted.

Applying for Passport & Visa for Children Under 14 in Vietnam

• Passport issuance in Vietnam: According to Decree 136/2007 (amended by Decree 94/2015), only one parent's signature is required to apply for a passport for a child under 14.

• Visa application & immigration procedures: Most embassies and consulates require written, notarized consent from the non-traveling parent. Without this consent, the child may be denied a visa or face difficulties during the immigration process.

What If the Other Parent Objects?

Written Agreement:

While not legally required for passport issuance, a detailed written agreement outlining visitation rights, monthly visitation schedules, and commitments to the child’s education and care is advisable. This document helps demonstrate good faith and serves as legal protection in the future.

Court Action – Requesting Custody Change:

If taking the child abroad severely affects visitation, the other parent may invoke Article 84 to request a change in custody. The court will consider:

• The current custodial conditions;

• The child’s wishes (if aged 7 or older);

• Ultimately, what serves "the child’s best interests."

Request to Limit Visitation Rights:

If one parent abuses visitation rights to create conflict or disrupt the child’s life, the other parent may petition the court to restrict those rights under Article 82.

Conclusion

Taking a child abroad after divorce is not prohibited under Vietnamese law, but careful consideration is essential:

• Ensure a stable and beneficial living and learning environment for the child;

• Reach a clear agreement with the other parent, preferably in notarized form;

• Prepare complete visa documentation, especially the written consent from the non-traveling parent;

• If visitation rights are compromised, the affected parent has the legal right to seek custody modification or restriction of the other’s rights.

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